ILLINOIS POLLUTION CONTROL BOARD
June 7, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
FRANCIS E. MORRIS,
Respondent.
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AC 07-12
(IEPA No. 183-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On August 31, 2006, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Mr. Francis E. Morris.
See
415 ILCS 5/31.1(c) (2004); 35 Ill.
Adm. Code 108.202(c). The Agency alleges that Mr. Morris violated Sections 21(p)(1), (3), (4),
and (7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (3), (4), and (7)
(2004)). The Agency further alleges that Mr. Morris violated these provisions by causing or
allowing the open dumping of waste in a matter resulting in: (1) litter; (2) open burning; (3) the
deposition of waste in standing or flowing waters; and (4) the deposition of general or clean
construction or demolition debris at a facility located at 22595 Vineyard Road in Omaha,
Gallatin County. Today’s order accepts a stipulation and proposed settlement between the
parties.
As required, the Agency served the administrative citation on Mr. Morris 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 the respondent
fails to do so, the Board must find that the respondent committed the violation alleged and
impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code
108.204(b), 108.406.
On September 29, 2006, Mr. Morris timely filed a petition for review.
See
415 ILCS
5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). On June 1, 2007, the Agency and Mr. Morris
filed a stipulation and proposed settlement, accompanied by a request for dismissal of the
respondent’s petition for review. Pursuant to the terms of the proposed settlement, Mr. Morris
admits the alleged violation of Section 21(p)(1) of the Act, and agrees to pay a $1,500 civil
penalty. To effectuate the parties’ intent that Mr. Morris pay a total penalty of only $1,500, the
Board dismisses the alleged violations of Sections 21(p)(3), (4), and (7) of the Act. The Board
accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
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ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Pursuant to the stipulated agreement, the Board dismisses Mr. Morris’ petition for
review filed September 29, 2006.
3.
Pursuant to the stipulated agreement, the alleged violation of Sections 21(p)(3),
(4), and (7) are dismissed. The Board finds that Mr. Morris violated Section
21(p)(1) of the Act, and must pay a civil penalty of $1,500 by July 9, 2007, which
is the first business day following the 30th day from the date of this order.
4.
Mr. Morris must pay the civil penalty by certified check, money order, or
electronic transfer of funds, payable to the Illinois Environmental Protection Trust
Fund. The case number, case name, and Mr. Morris’ social security number or
federal employer identification number must be included on the method of
payment.
5.
Mr. Morris must submit the certified check, money order or transfer of electronic
funds to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
6.
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)).
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.
3
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
ADMINISTRATIVE CITATION
AUG 3 1 2006
ILLINOIS ENVIRONMENTAL
Pollution
STATE OF
Control
ILLINOISBoard
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PROTECTION AGENCY,
)
Complainant,
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AC 07-1~
v .
)
(IEPA No
. 183-06-AC)
FRANCIS E . MORRIS,
)
Respondent .
)
NOTICE OF FILING
To:
Francis E
. Morris
329 County Road 320 E
.
Norris City, Illinois 62869
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
.
Respectfully submitted,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : August 23, 2006
I
le
THIS FILING SUBMITTED ON RECYCLED PAPER
Special Assistant Attorney General
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 3
1 2006
ADMINISTRATIVE CITATION
Pollution
STATE OFControl
ILLINOIS
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
FRANCIS E
. MORRIS,
)
Respondent .
(IEPA No. 183-06-AC)
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 (2004) .
FACTS
1 .
That Francis E
. Morris ("Respondent") is the present owner and operator of a facility
located at 22595 Vineyard Road in rural Omaha, Gallatin County, Illinois . The property is commonly
known to the Illinois Environmental Protection Agency as Omaha/Morris, Francis .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No . 0598070001 .
3.
That Respondent has owned and operated said facility at all times pertinent hereto .
4.
That on July 12, 2006, Maggie Stevenson of the Illinois Environmental Protection
Agency's Marion 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 Maggie Stevenson during the course of her July
12, 2006 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)
(3)
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)
(2004).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/21 (p)(3) (2004).
That Respondent caused or allowed the open dumping of waste in a manner
resulting in deposition of waste in standing or flowing waters, a violation of Section
21 (p)(4)
of the Act, 415 ILCS 5/21(p)(4)(2004) .
(4)
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)(2004) .
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CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), Respondent is
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500 .00) for each of the
violations identified above, for a total of Six Thousand Dollars ($6,000 .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 September 30, 2006, 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 (2004), 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
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) (2004), 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 .
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If any civil penalty and/or hearing costs are not paid within the time prescribed 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 (2004). 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
.
D
Illinois
uglas PEnvironmental
. cott, DirecProtection
t
Agency
Prepared by:
Susan E . Santarelli, 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
5
Date:
S123106
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
FRANCIS E . MORRIS,
)
Respondent
.
FACILITY:
Omaha/Morris, Francis
SITE CODE NO. :
0598070001
COUNTY:
Marion
CIVIL PENALTY:
$6,000 .00
DATE OF INSPECTION :
July 12, 2006
DATE REMITTED
:
SS/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 .
REMITTANCE FORM
6
AC
(IEPA No
. 183-06-AC)
RECEIVEDCLERK'S
OFFICE
AUG 3
1 2006
STATE OF ILLINOIS
Pollution Control Board
