ILLINOIS POLLUTION CONTROL BOARD
August 9, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CURTIS and SHERRY PELLHUM,
Respondents.
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AC 07-70
(IEPA No. 166-07-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 27, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Curtis and Sherry Pellhum (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 Bluff Springs Township/Pellhum, with Site Code No. 0178035005, and located at 110
Evergreen Drive, Bluff Springs Township, Cass 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)(3) of
the Act (415 ILCS 5/21(p)(1) and (p)(3) (2006)) by operating an open dump resulting in: (1)
litter; and (2) open burning. 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 respondents 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 July 31, 2007. Respondents failed to timely
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)).
2
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 September 10, 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.
3
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 August 9, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
