ILLINOIS POLLUTION CONTROL BOARD
May 17, 2007
COUNTY OF LASALLE,
Complainant,
v.
MIKE JOHNSON,
Respondent.
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AC 07-52
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On April 2, 2007, the County of LaSalle (County) timely filed an administrative citation
against Mike Johnson (respondent).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
108.202(c). The administrative citation concerns a site commonly known as Johnson Property
with Site Code No. 0998105009, and located in Fall River Township, LaSalle County. For the
reasons below, the Board finds that respondent violated the Environmental Protection Act (Act)
(415 ILCS 5 (2004)) and orders respondent to pay $1,500 in civil penalties.
Under the Act, an administrative citation is an expedited enforcement action brought
before the Board seeking civil penalties that are fixed by statute. Administrative citations may
be filed only by the Illinois Environmental Protection Agency (Agency) or, if the Agency has
delegated the authority, by a unit of local government, and only for limited types of alleged
violations at sanitary landfills or unpermitted open dumps.
See
415 ILCS 5/3.305, 3.445, 21(o),
(p), 31.1(c), 42(b)(4), (4-5) (2004); 35 Ill. Adm. Code 108.
In this case, the County alleges that respondent violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2004)) by operating an open dump resulting in litter. The County asks the
Board to impose a $1,500 civil penalty on respondent. As required, the County served the
administrative citation on respondent within “60 days after the date of the observed violation.”
415 ILCS 5/31.1(b) (2004);
see also
35 Ill. Adm. Code 108.202(b).
To contest an administrative citation, a respondent must file a petition with the Board no
later than 35 days after being served with the administrative citation. If a respondent fails to do
so, the Board must find that the respondent committed the violation alleged and impose the
corresponding civil penalty.
See
415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code 108.204(b),
108.406. Here, any petition for review was due on May 1, 2007. Respondent failed to timely
file a petition. Accordingly, the Board finds that respondent violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2004)).
The civil penalty for violating Section 21(p) is $1,500 for each violation. 415 ILCS
5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a). Because there is one violation, the total civil
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penalty is $1,500. Under Section 31.1(d)(1) of the Act, the Board attaches the administrative
citation and makes it part of the order below.
This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
1.
Respondent must pay a civil penalty of $1,500 no later than June 18, 2007, which
is the first business day following the 30th day after the date of this order.
2.
Respondent must pay the civil penalty by certified check or money order, made
payable to the LaSalle County Department of Environmental Services and Land
Use.
3.
Respondent must send the certified check or money order and the remittance form
to:
LaSalle County Department of Environmental Services and Land Use
119 West Madison Street
Room 105
Ottawa, Illinois 61350
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Payment of this penalty does not prevent future prosecution if the violations
continue.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on May 17, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
