ILLINOIS POLLUTION CONTROL BOARD
June 7, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JAMES STUTSMAN,
Respondent.
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AC 05-70
(IEPA No. 145-05-AC)
(Administrative Citation)
MICHELLE M. RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF COMPLAINANT; and
JAMES STUTSMAN APPEARED
PRO SE
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OPINION AND ORDER OF THE BOARD (by A.S. Moore):
In an interim opinion and order on September 21, 2006, the Board found that the
respondent, Mr. James Stutsman, allowed the open dumping of waste resulting in litter and in the
deposition of general construction or demolition debris in violation of Sections 21(p)(1) and
(p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (7) (2004)) at a site
located at 8443 County Road 1100E in Bath, Mason County. Having found that Mr. Stutsman
committed the violations alleged in the administrative citation, the Board assessed the statutory
civil penalty of $3,000 and hearing costs. The Board directed the Illinois Environmental
Protection Agency (Agency) and the Clerk of the Board to file documentation of their hearing
costs and provided Mr. Stutsman the opportunity to respond to those filings.
In a final opinion and order dated November 16, 2006, the Board noted that, on
September 25, 2006, the Clerk of the Board submitted an affidavit of hearing costs totaling
$297.25. The Board further noted that the Agency had not filed a statement of hearing costs and
that Mr. Stutsman had not responded to the Board’s filing. The Board found those hearing costs
reasonable and stated that Mr. Stutsman would be responsible for paying them, in addition to the
statutory civil penalty of $3,000.
On December 1, 2006, the Board received from the Agency a statement of hearing costs
in the amount of $75.50. Although the envelope in which the Agency mailed that statement
showed no specific postmark date, the proof of service filed with the statement showed that the
Agency timely filed it by placing it in the U.S. Mail on October 11, 2006. Due to the delay of
seven weeks between service of the Agency’s statement and its arrival in the Board’s office, the
Board on its own motion reconsidered its final opinion and order of November 16, 2006, and
vacated that order. The Board allowed the respondent 21 days, or until Friday, December 22,
2006, to file a response limited to the issue of the Agency’s claimed costs. The Board also
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allowed the Agency 14 days after service of the response to file any reply. The Board stated
that, when that reply period had elapsed, it would issue a final opinion and order restating a
finding of violations and assessing the civil penalty and appropriate hearing costs.
Mr. Stutsman has not responded to the Agency’s statement of hearing costs. The Board
finds those hearing costs to be reasonable and orders Mr. Stutsman to pay those costs under
Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2004)), in addition to the statutory civil
penalty of $3,000 and the Board’s hearing costs.
The Board incorporates by reference the findings of fact and conclusions of law from its
September 21, 2006 interim opinion and order. Under Section 31.1(d)(2) of the Act (415 ILCS
5/31.1(d)(2) (2004)), the Board attaches the administrative citation and makes it part of the
Board’s final order.
This order constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board finds that respondent Mr. James Stutsman violated Sections 21(p)(1)
and (7) of the Environmental Protection Act at a site located at 8443 County Road
1100E in Bath, Mason County. 415 ILCS 5/21(p)(1), (p)(7) (2004).
2.
The Board assesses the civil penalty of $3,000 for the violations, as well as
hearing costs totaling $372.75, for a total amount due of $3,372.75. Mr. Stutsman
must pay $3,372.75 no later than Monday, July 23, 2007, which is the first
business day following the 45th day after the date of this order. Mr. Stutsman
must pay this amount by certified check, money order or electronic funds transfer,
made payable to the Environmental Protection Trust Fund. The case numbers,
case name, and Mr. Stutsman’s social security number or federal employer
identification number must be included on the certified check, money order or
electronic funds transfer.
3.
Mr. Stutsman must send the certified check, money order, or electronic funds
transfer to:
Illinois Environmental Protection Agency
Fiscal Services
1020 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the 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)).
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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.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on June 7, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
MAY
232005
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
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Pollution Control Boaro
PROTECTION AGENCY,
Complainant,
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AC ~
‘10
V.
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(IEPA No. 145-05-AC)
JAMES STUTSMAN,
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Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31.1 (2002).
FACTS
1.
That James Stutsman (“Respondent”) is the present owner and operator of a facility
located at 8443 County Road I100E, Bath, Mason County, Illinois. The property is commonly
known to the Illinois Environmental Protection Agency as Bath/Stutsman.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1250055002.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on April 1, 2005, Michelle E. Cozadd of the Illinois Environmental Protection
Agency’s Springfield Regional Office inspected the above-described facility. A copy of her
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by Michelle Cozadd during the course of her April 1.
2005 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the
“Act”) as follows:
(1)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2002).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in deposition of general construction or demolition debris or clean
construction or demolition debris, a violation of Section 21 (p)(7) of the Act, 415 ILCS
5/21 (p)(7) (2002).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), Respondent is
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) for each of the
violations identified above, fora total of Three Thousand Dollars ($3,000.00). If Respondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than June 15, 2005, unless otherwise provided by order of the Illinois
Pollution Control Board.
If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
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Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1 ,500.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and findings of violation as
alleged herein, and shall impose the statutory civil penalty specified above.
When payment is made, Respondent’s check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within the time presthbed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondent from the date payment is due up to and including the date that payment is
received. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
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PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31.1 of the Act, 415 ILCS 5/31/1 (2002). If Respondent elects to contest
this Administrative Citation, then Respondent shall file a signed Petition for Review, including a
Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency’s Division of Legal Counsel at 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Section 31.1 of the Act provides that any Petition for Review shall be filed within
thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondent.
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CLi~~i,~
Date:
51 ~103
Renee Cipriano, Director
Illinois Environmental Protection Agency
Prepared by:
Susan E. Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
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REMITTANCE FORM
RE~~
ILLINOIS ENVIRONMENTAL
)
MAY 232005
PROTECTION AGENCY,
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STATE OF ILLINOIS
Complainant,
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AC
r~i~tion
controlBoard
V.
(IEPA No. 145-05-AC)
JAMES STUTSMAN,
)
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Respondent.
FACILITY:
Bath/Stutsman
SITE CODE NO.:
1250055002
COUNTY:
Mason
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
April 1,2005
DATE REMITTED:
55/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form. Be
sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn.: Fiscal Services, P.O. Box 19276, Springfield, Illinois 62794-9276.
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