ILLINOIS POLLUTION CONTROL BOARD
January 24, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOHNNY KEMPER, d/b/a/ KEMPER TREE
SERVICE,
Respondent.
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AC 06-33
(IEPA No. 61-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
Today the Board accepts a proposed settlement and dismissal of this administrative
citation enforcement action. By way of background, complainant, the Illinois Environmental
Protection Agency (Agency), timely filed an administrative citation on April 3, 2006, against
respondent Johnny Kemper, doing business as Kemper Tree Service (respondent). The Agency
alleged that respondent violated Sections 21(p)(1) and (p)(3) of the Environmental Protection
Act (Act) (415 ILCS 5/21(p)(1), (p)(3) (2006)) by causing or allowing the open dumping of
waste in a manner resulting in litter and open burning. The violations allegedly took place on
March 1, 2006, at respondent’s facility located in the SE 1/4 of Section 35, Township 14, Range
12W in Paris, Edgar County. The site is commonly known to the Agency as “Paris/Kemper,
Johnny” and has been designated with Site Code No. 0458085005.
Respondent timely filed a petition to contest the administrative citation, which the Board
accepted on May 18, 2006. On January 11, 2008, the parties filed a “stipulation of settlement
and dismissal of respondent’s petition for administrative review.” Under its terms, respondent
admits he violated Section 21(p)(1) of the Act by causing or allowing the open dumping of waste
resulting in litter, and agrees to pay the statutory civil penalty of $1,500 for this violation.
Stipulation at 2. Respondent also agrees to the dismissal of his petition contesting the
administrative citation.
Id
. at 3. The stipulation further states that the waste that was the subject
of the administrative citation has been removed and properly disposed.
Id
. In addition, the
Agency agrees not to refer the violations that are the subject of the administrative citation to the
Office of the Illinois Attorney General or any other prosecuting authority to initiate a civil
enforcement action.
Id
.
The Board accepts the stipulation and proposal for settlement. Under Section 31.1(d) of
the Act (415 ILCS 5/31.1(d) (2006)), the Board therefore finds that respondent violated Section
21(p)(1) of the Act. Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2006)) establishes a
civil penalty of $1,500 for this violation. The Board accordingly assesses a civil penalty of
$1,500. To effectuate the parties’ intent that respondent pay a total civil penalty of $1,500, the
Board dismisses the alleged violation of Section 21(p)(3) of the Act.
2
This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
The Board finds that respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2006)) by causing or allowing the open dumping of waste resulting in
litter.
3.
Respondent must pay a total civil penalty of $1,500 by February 25, 2008, which
is the first business day following the 30th day after the date of this order.
Payment must be made by certified check or money order, made payable to the
Illinois Environmental Protection Trust Fund. The case number, case name, and
respondent’s federal employer identification number or social security number
must be included on the certified check or money order.
4.
Respondent must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
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)).
6.
The Board dismisses the alleged violation of Section 21(p)(3) of the Act (415
ILCS 5/21(p)(1), (p)(7) (2006)) and respondent’s petition to contest the
administrative citation.
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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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on January 24, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
(IEPA No
. 61-06-AC)
JOHNNY KEMPER d/b/a KEMPER TREE,)
SERVICE and JOHNNY KEMPER
)
Respondents.
)
NOTICE OF FILING
To :
Johnny Kemper d/b/a Kemper Tree Service
Johnny Kemper
6370 Bonnie Avenue
6370 Bonnie Avenue
Paris, IL 61944
Paris, IL 61944
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,
AC Yp
RECEIVED
CLERK'S OFFICE
APR 0 3 2006
Pollution
STATE OF
Control
ILLINOISBoard
Michelle 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:
March 30, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
APR 0 3 2006
ILLINOIS ENVIRONMENTAL
PO
l ATE
Control Boa
d
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
JOHNNY KEMPER d/b/a KEMPER TREE
)
SERVICE and JOHNNY KEMPER,
)
Respondent .
)
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 Johnnie Kemper, d/b/a Kemper Tree Service ("Respondent") is the present
owner and operator of a facility located in the SE
1
/4
of Section 35 T14-R12W in the Township of
Paris, Edgar County, Illinois
. The property is commonly known to the Illinois Environmental
Protection Agency as Paris/Kemper, Johnny .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0458085005
.
3.
That Respondent has owned and operated said facility at all times pertinent hereto
.
4
. That on March 1, 2006, Curt White of the Illinois Environmental Protection Agency's
Collinsville 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
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
AC
(IEPA No. 61-06-AC)
1
VIOLATIONS
Based upon direct observations made by Curt White during the course of his March 1, 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)
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 Respondents 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) .
CIVIL PENALW
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
Three Thousand Dollars ($3,000
.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 May 15, 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,
2
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 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 .
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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 .
ouglas
P
. cott, Director10
sc--
.
.nc
.
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
Date:
3N01010
4
FACILITY:
Paris/Kemper, Johnny
SITE CODE NO . :
0458085005
COUNTY :
Edgar
CIVIL PENALTY:
$3,000 .00
DATE OF INSPECTION :
March 1, 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
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
JOHNNY KEMPER d/b/a KEMPER TREE
)
SERVICE and JOHNNY KEMPER,
)
Respondent .
(IEPA No
. 61-06-AC)
RECEBVEDCLERK'S
OFFICE
APR 0 3 2006
STATE OF ILLINOIS
Pollution Control Board
5
