ILLINOIS POLLUTION CONTROL BOARD
July 12, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
BEN AND DESTINY WYANT,
Respondents.
)
)
)
)
)
)
)
)
)
)
AC 07-61
(IEPA No. 129-07-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 23, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Ben and Destiny Wyant (respondents).
See
415 ILCS 5/31.1(c)
(2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns a site commonly
known as Thompsonville/Noe-Wyant with Site Code No. 1998535005, and located at the west
10-acres of northeast 1/4 of the southeast quarter of section eight, township eight south & range
four east of the 3rd Principal meridian in Williamson County. For the reasons below, the Board
finds that respondents violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and
orders respondents to pay $3000 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 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) (2006); 35 Ill.
Adm. Code 108.
In this case, the Agency alleges that respondents violated Sections 21(p)(1) and (p)(7) of
the Act (415 ILCS 5/21(p)(1) and (p)(7) (2006)) by operating an open dump resulting in: (1)
litter; and (2) deposition of general construction or demolition debris or clean construction or
demolition debris. The Agency asks the Board to impose a $3000 civil penalty on respondents.
As required, the Agency served the administrative citation on respondents within “60 days after
the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);
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) (2006); 35 Ill. Adm. Code 108.204(b),
108.406. Here, any petition for review was due on June 29, 2007. Respondents failed to timely
2
file a petition. Accordingly, the Board finds that respondents violated Sections 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1) (p)(7) (2006)).
The civil penalty for violating Section 21(p) is $1500 for each violation. 415 ILCS
5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a). Because there are two violations, the total
civil penalty is $3000. 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.
Respondents must pay a civil penalty of $3000 no later than August 13, 2007,
which is the first business day following the 30th day after the date of this order.
2.
Respondents must pay the civil penalty by certified check or money order, made
payable to the Illinois Environmental Protection Trust Fund.
3.
Respondents must send the certified check or money order and the remittance
form to:
Fiscal Services
Illinois Environmental Protection Agency
1021 N. 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 Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
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) (2006);
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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IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on July 12, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 2 3 2007
ADMINISTRATIVE CITATION
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
Dl
O(Al
v.
)
(IEPA No .129-07-AC)
BEN and DESTINY WYANT,
)
Respondents
.
)
NOTICE OF FILING
To:
Ben & Destiny Wyant
111 W. 5th Street
West Frankfort, IL 62896
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,
Miche e M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated
: May 17, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RJR
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VED
ADMINISTRATIVE CITATION
M4Y 23700
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ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
AC b1-61
V .
)
(IEPA No . 129-07-AC)
BEN and DESTINY WYANT,
)
Respondents .
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 Ben and Destiny Wyant are the operators of a facility located at the west ten
acres of the northeast'/< of the southeast quarter of section eight, township eight south & range four
east of the third principal meridian in Williamson County, Illinois
. The property is commonly known
to the Illinois Environmental Protection Agency as Thompsonville/Noe-Wyant
.
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1998535005 .
3.
That Respondents operated said facility at all times pertinent hereto
.
4.
That on April 23, 2007, Sheila Williams 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 Sheila Williams during the course of her April 23,
2007 inspection of the above-named facility, the Illinois Environmental
Protection Agency has
determined that Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the "Act") as follows
:
(1)
That Respondents 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 5121(p)(1)
(2004)
.
(2)
That Respondents 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) .
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), Respondents are
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
Three Thousand Dollars ($3,000 .00).
If Respondents elect
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above
shall be
due and payable no later than
July 15, 2007,
unless otherwise provided by order of the Illinois
Pollution Control Board .
If Respondents elect 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,
2
Respondents 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 Respondents fail
to petition or elect 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, Respondents 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 prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondents 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 Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued .
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have 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 Respondents elect to contest
this Administrative Citation, then Respondents 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 Respondents
.
I
io
.
s
Douglas Scott, Director
C'Zt~
%-%-a-
Illinois Environmental Protectio 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
4
Date :
5It
-7 (0'7
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
BEN & DESTINY WYANT,
)
Respondents .
FACILITY:
Thompsonville/Noe-Wyant
SITE CODE NO . :
1998535005
COUNTY:
Williamson
CIVIL PENALTY:
$3,000 .00
DATE OF INSPECTION:
April 23, 2007
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 .
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
MAY 2 3 2007
5
Pollution
STATE OF
Control
ILLINOISBoard
AC
o1
-(,
(IEPA No . 129-07-AC)
