ILLINOIS POLLUTION CONTROL BOARD
February 21, 2008
COUNTY OF JACKSON,
Complainant,
v.
BOB OSINGA,
Respondent.
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AC 07-43
(Site Code 0778105047)
(Administrative Citation)
DANIEL BRENNER APPEARED ON BEHALF OF THE COMPLAINANT; and
BOB OSINGA APPEARED
PRO SE
.
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On December 6, 2007, the Board issued an interim opinion and order finding that Bob
Osinga violated Sections 21(p)(1) and 21(p)(7) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) and 21(p)(7) (2006)) at his property located in rural Jackson County. These
violations were alleged in an administrative citation issued by the County of Jackson (County).
Having received documentation of hearing costs in this administrative citation enforcement
action, the Board today issues its final opinion and order.
In the interim opinion and order, the Board found that the respondent violated Sections
21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1) and 21(p)(7) (2006)) by causing or allowing
the open dumping of waste resulting in litter and the deposition of general construction or
demolition debris or clean construction or demolition debris. The allegations arose from a
January 9, 2007 inspection by the County.
Because there are two violations of Section 21(p) of the Act (415 ILCS 5/21(p) (2006))
and these violations are first offenses, the total civil penalty is $3,000. Further, because a
hearing was held in this proceeding, and the respondent did not prevail, the respondent is also
liable for hearing costs. 35 Ill. Adm. Code 108.502, 108.504. The hearing was held on July 19,
2007, at the County Health Department in Murphysboro, Jackson County.
On January 1, 2008, the County filed a letter reporting that the County had no hearing
costs to report. On January 17, 2008, the Clerk of the Board submitted an affidavit of the
Board's hearing costs totaling $165.30. The respondent has not responded to the Board’s
statement of costs.
See
35 Ill. Adm. Code 108.506(a) (setting 21-day deadline for response).
The Board finds the Board’s hearing costs reasonable and orders respondent to pay those
costs under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5) (2006). The Board
incorporates by reference the findings of fact and conclusions of law from its December 6, 2007
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interim opinion and order. Under Section 31.1(d)(2) of the Act, the Board attaches the
administrative citation and makes it part of the Board's final order.
This opinion and order constitutes the Board's findings of fact and conclusions of law.
ORDER
1.
The Board finds that respondent Bob Osinga violated Sections 21(p)(1) and
21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and 21(p)(7)
(2006)) at his property located in rural Jackson County.
2.
The Board assesses the civil penalty of $3,000 for the violations, as well as
hearing costs totaling $165.30 for a total amount of $3,165.30. Respondent must
pay $3,165.30 no later than Monday, April 7, 2008, which is the first business day
after the 45th day from the date of this order. Respondent must pay this amount
by certified check or money order, made payable to the Jackson County Treasurer
Office. The case number, case name, and respondent's social security number or
federal employer identification number must be included on the certified check or
money order.
3.
Respondent must send the certified check or money order to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
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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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on February 21, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1 et
. seq. (2004), specifically 415 ILCS
5/31 .1 .
FACTS
1 . The Respondent is the present ownerand occupant and in control and possession
of a facility located in the County of Jackson, State of Illinois .
2
. The facility is an open dump, operating without an Illinois Environmental Protection
Agency Operating Permit, and designated with the Site Code # 0778105047 . The facility is
known to the Agency as the Murphysboro/Bob Osinga site .
3 . The Respondent has owned, occupied, controlled and/oroperated the facility at all
relevant times hereto .
4. On January9, 2007, Don Terry, Field Inspector, Jackson County Health Department,
inspected the facility . A true and correct copy of the inspection report, along with Mr
. Terry's
affidavit, are attached and incorporated herein by reference as Exhibit A .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
REREOVED
COUNTY OF JACKSON,
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FEB 1 4 2007
Complainant,
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.Pollution
STATE OF
Control
ILLINOISBoard
V .
;
AC
Site
07Code-
:
3
778105047
BOB OSINGA,
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Respondent.
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VIOLATIONS
On the basis of Field Inspector, Don Terry's, direct observation, he has determined that
the Respondent has caused or allowed open dumping at the above described facility in a
manner that resulted in the following violations
:
That on January 9, 2007, an on-site inspection of the facility disclosed the following
:
1
. The Respondent has caused or allowed litter at the facility in violation of 415 ILCS
5/21(p)(1)
.
2
. The Respondent has caused or allowed the deposition of general construction or
demolition ; or clean construction or demolition debris in violation of 415 ILCS 5/21(p)(7)
.
CIVIL PENALTY
In accordance with 415 ILCS 5/42 (b)(4-5), the Respondent is subject to a civil penalty
of $1,500
.00 for each of violations specified above . Additionally, should the Respondent elect
to petition the Illinois Pollution Control Board underthe review process described below, after
an adjudicatory hearing, the Respondent shall be assessed the hearing costs incurred by the
Pollution Control Board
. The hearing cost would be in addition to the $3,000 .00 fine.
If you acknowledge the violations cited herein above, the civil penalty shall be due and
payable no later than March 1, 2007
. If you do not petition the Pollution Control Board for
review of the Administrative Citation within 35 days of service of the Administrative Citation,
or contest the Citation, anyjudgmentthat maybe rendered against you shall specifythe due
date of the civil fine and any additional costs assessed against you
.
When payment is made, your check should be made payable to the Jackson County's
Treasurer Office and mailed to the attention of Shirley Dillinger Booker, Jackson County
Treasurer, Murphysboro, Illinois, 62966 . Also, please complete and return the enclosed
remittance form, along with your payment, to assure proper credit .
If any civil penalty is not paid within the prescribed time, the law allows for the
accumulation and payment of interest on the remaining unpaid balance
. If any civil penalty is
not paid when due, the Office of the State's Attorney shall be requested to initiate proceedings
in Circuit Court to collect the penalty . In addition to the civil penalty, hearing costs, and
interest, if any, the Jackson County State's Attorney may seek to recover their costs of
litigation .
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
You have the right to contest this Citation, pursuant to 415 ILCS 5/31 .1
. If you elect to
contest this Citation, you must file a Petition For Review with the Clerk of the Illinois Pollution
Control Board . A copy of the Petition For Review shall be filed with Daniel Brenner, Assistant
State's Attorney, Jackson County Courthouse, Third Floor, Murphysboro, 1162966 .
Your
Petition For Review must be filed within 35 days of the date of service of the present
citation on you . If you fail to file your Petition, a Default Order aqainstvou will entered
by the Pollution Control Board . Your original Petition must be filed with the Clerk of the
Board at:
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
A copy must also be sent to :
DATED :
J
'
2007
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse,
3`d
Floor
Murphysboro, 1162966
Daniel Brenner
Assistant State's Attorney
REMITTANCE FORM
RECEIVED
CLERKS OFFICE
COUNTY OF JACKSON,
)
FEB 1 4 2007
Complainant,
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STATE ControlNBIa'o
v.
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NO. AC 07 - b
BOB OSINGA,
)
Respondent .
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FACILITY:
Murphysboro/Bob Osinga Site
COUNTY
:
JACKSON
DATE OF INSPECTION : January 9, 2007
SITE CODE :
0778105047
CIVIL PENALTY:
$3,000 .00
Date Remitted
SS/FEIN #
Signature
NOTE
Please include the information on the blank lines
. Mail this form with your check to :
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
