2

On August 6, 2007, Graves filed a motion to withdraw his petition to contest.

See

35 Ill.

Adm. Code 108.208. The Board grants the motion and dismisses his petition. The

administrative citation is therefore “non-contested” (35 Ill. Adm. Code 108.406) and the Board

must find that Graves committed the violations alleged and impose the corresponding civil

penalty (415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 108.500(a)).

See

IEPA v. Lester Smith,

AC 05-2 (Oct. 6, 2005) (finding violations and imposing statutory civil penalty after

respondent’s withdrawal of petition). Accordingly, the Board finds that Graves violated Sections

21(p)(1), (4), and (7) of the Act.

The civil penalty for violating any provision of Section 21(p) is $1,500 for each violation,

except that the penalty increases to $3,000 for each second or subsequent adjudicated violation

of that provision.

See

415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a)(2). Because

there are three violations of Section 21(p) and nothing in this record suggests that these are

second or subsequent adjudicated violations for Graves, the total civil penalty is $4,500. Graves’

motion to withdraw states that he “has paid the fines associated with this Administrative

Citation, pursuant to 35 Ill. Admin. Code 500.” Motion at 2. Accordingly, as provided in the

order below, Graves is not required to pay the $4,500 civil penalty if it has already been paid.

See

IEPA v. Olen G. Parkhill, AC 00-16 (Feb. 3, 2000) (after withdrawal of petition by

respondent and representations that the penalty had been paid, the Board ordered respondent to

pay the civil penalty “unless the penalty has already been paid.”). 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.

The Board grants Graves’ motion to withdraw and dismisses his petition to

contest the administrative citation.

2.

The Board finds that Graves violated Sections 21(p)(1), (4), and (7) of the Act

(415 ILCS 5/21(p)(1), (4), (7) (2006)).

3.

Unless the civil penalty has already been paid, Graves must pay a civil penalty of

$4,500 no later than October 9, 2007, which is the first business day following the

30th day after the date of this order.

a.

Graves must pay the civil penalty by certified check or money order, made

payable to the Illinois Environmental Protection Trust Fund. The case

number, case name, and Graves’ social security number or federal

employer identification number must be included on the certified check or

money order.

b.

Graves must send the certified check or money order and the remittance

form to:

---

3

Illinois Environmental Protection Agency

Fiscal Services Division

1021 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 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 the civil 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.

I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on September 6, 2007, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

---

RECEIVEDCLERK'S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

FEB 0 2 2006

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

V .

)

HAROLD GRAVES,

)

Respondent .

AC OV~

(]EPA No. 4-06-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 Harold Graves ("Respondent") is the present operator of a facility located

approximately 3 miles south of Illinois 16 and one mile from the Christian County Line in Tower Hill

Township, Section 32, located in Shelby County, Illinois

. The property is commonly known to the

Illinois Environmental Protection Agency as Tower Hill/Eilers-Graves .

2.

That said facility is an open dump operating without an Illinois Environmental

Protection Agency Operating Permit and is designated with Site Code No . 1738220004 .

3.

That Respondent has operated said facility at all times pertinent hereto .

4.

That on December 15, 2005, Dustin Burger of the Illinois Environmental Protection

Agency's Champaign Regional Office inspected the above-described facility

. A copy of his

---

inspection report setting forth the results of said inspection is attached hereto and made a part

hereof.

VIOLATIONS

Based upon direct observations made by Dustin Burger during the course of his December

15, 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 5121(p)(1)

(2004)

.

(2) That Respondent caused or allowed the open dumping of waste in a manner

resulting in the 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).

(3) That Respondent caused or allowed the open dumping of waste in a manner

resulting in the 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), 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

Four Thousand Five Hundred Dollars ($4,500 .00)

.

If

Respondent elects not to petition the Illinois Pollution Control Board, the statutory civil penalty

2

---

specified above shall be due and payable no later than

February 28, 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 .

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.

3

---

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 .

"'0.,

JLC7W-"u('

Date: //i7/OL

uglas P

. Scott, Director Al „_rL-r .

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

4

---

RECEIVED

CLERK'S

OFFICE

FEB 0 2 2006

Pollution

STATE OF

Control

ILLINOISBoard

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

V .

)

(IEPA

No . 4-06-AC)

HAROLD GRAVES,

)

Respondent .

)

FACILITY:

Tower Hill/Eilers-Graves

SITE CODE NO

. :

1738220004

COUNTY:

Shelby

CIVIL PENALTY:

$4,500 .00

DATE OF INSPECTION

:

December 15, 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

5