ILLINOIS POLLUTION CONTROL BOARD
December 20, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JAMES and MILDRED TAVINER,
Respondents.
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AC 08-8
(IEPA No. 318-07-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On October 19, 2007, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against James and Mildred Taviner (respondents).
See
415 ILCS
5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
concerns respondents’ facility located east of Blue Ridge Road in a ravine on the edge of a
pasture, in Hardin, Calhoun County. The facility is commonly known to the Agency as
“Hardin/Taviner” and is identified with Site Code No. 0130205022. For the reasons below, the
Board finds that respondents violated the Environmental Protection Act (Act) (415 ILCS 5
(2006)) and orders respondents to pay $4,500 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), (p)(3), and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) by causing or allowing the open
dumping of waste in a manner resulting in litter, open burning, and the deposition of general or
clean construction or demolition debris. The Agency asks the Board to impose a $4,500 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 101.300(c), 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 violations alleged and impose the
corresponding civil penalty.
See
415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 101.300(b),
108.204(b), 108.406. Here, any petition for review was due on November 26, 2007.
Respondents failed to timely file a petition. Accordingly, the Board finds that respondents
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violated Sections 21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7)
(2006)).
The civil penalty for violating any provision of subsection (p) of Section 21 is $1,500 for
each violation.
See
415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a). Because there
are three violations of Section 21(p) and no allegation of any second or subsequent adjudicated
violation, the total civil penalty is $4,500. 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 findings of fact and conclusions of law.
ORDER
1.
The Board finds that respondents violated Sections 21(p)(1), (p)(3), and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)).
2.
Respondents must pay a civil penalty of $4,500 no later than January 22, 2008,
which is the first business day following the 30th day after the date of this order.
Respondents 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 respondents’ respective social security numbers or federal
employer identification numbers must be included on the certified check or
money order.
3.
Respondents must send the certified check or money order and the remittance
form to:
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 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
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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 December 20, 2007, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
