ILLINOIS POLLUTION CONTROL BOARD
March 20, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
KEN and ELLA COOK,
Respondents.
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AC 08-11
(IEPA No. 336-07-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On December 14, 2007, the Illinois Environmental Protection Agency (complainant)
timely filed an administrative citation against Ken and Ella Cook (respondents).
See
415 ILCS
5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
concerns respondents’ property located at 1607 North Park in Herrin, Williamson 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 three thousand dollars ($3,000.00) 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 Illinois Environmental Protection 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, complainant alleges that respondents violated Sections 21(p)(1) and 21(p)(7)
of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) by causing or allowing the open dumping of
waste in a manner resulting in litter and by causing or allowing the open dumping of waste in a
manner resulting in deposition of general construction or demolition debris or clean construction
or demolition debris. Complainant asks the Board to impose a $3,000 civil penalty on
respondents. As required, complainant 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 violation 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 January 18, 2008. Respondents
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failed to timely file a petition. Accordingly, the Board finds that respondents violated Sections
21(p)(1) and 21(p)(7) of the Act.
The civil penalty for violating any provision of subsection (p) of Section 21 is $1,500 for
each violation, except that the penalty amount is $3,000 for each violation that is the person’s
second or subsequent adjudicated violation of that provision.
See
415 ILCS 5/42(b)(4-5) (2006);
35 Ill. Adm. Code 108.500(a). Because there are two violations of Section 21(p) and no
allegations of any second or subsequent adjudicated violations, the total civil penalty is $3,000.
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 finds that Ken and Ella Cook violated Sections 21(p)(1) and 21(p)(7)
of the Environmental Protection Act.
2.
Ken and Ella Cook must pay a civil penalty of three thousand dollars ($3,000.00)
no later than April 21, 2008, which is the first business day after the 30th day after
the date of this order. Ken and Ella Cook must pay the civil penalty certified
check or money order, made payable to the Illinois Environmental Protection
Trust Fund. The case number, case name, and the social security number of Ken
Cook or Ella Cook must be included on the certified check or money order.
3.
Ken and Ella Cook 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 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
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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 March 20, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
espectfully submitted,
Michelle M. Ryan
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
?
(IEPA No. 336-07-AC)
KEN and ELLA COOK,
Respondents.
NOTICE OF FILING
REpEOVIED
CLERKS OFFICE
DEC 14 2007
STATE OF ILLINOIS
Pollution Control Board
To: Ken and Ella Cook
713 N 13th Street
Herrin, IL 62948
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.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: December 11, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
AC Og
(IEPA No. 336-07-AC)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
Receg
CLERKS OFFICE
vect
DEC 1
4
2007
Pollution
STATE
Control
OF
ILLINOIS
Board
KEN and ELLA COOK,
Respondents.
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 (2006).
FACTS
1.
That Ken and Ella Cook are the present owners ("Respondents") of a facility
located at 1607 North Park in Herrin, Williamson County, Illinois. The property is commonly
known to the Illinois Environmental Protection Agency as Herrin/Cook.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1990405076.
3.
That Respondents have owned said facility at all times pertinent hereto.
4.
That on November 15, 2007, Phillip Fatka of the Illinois Environmental Protection
Agency's Marion 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.
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VIOLATIONS
Based upon direct observations made by Phillip Fatka during the course of his November 15,
2007 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the "Act") as follows:
(1)
That Respondents 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)
(2006).
(2)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in 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 5/210)(7) (2006).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006), Respondents are
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 Respondents elect
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than January 31, 2008, unless otherwise provided by order of the Illinois
Pollution Control Board.
If Respondents elect 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 (2006), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
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Respondents 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) (2006), if Respondents fail
to petition or elect 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, Respondents' check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Along with payment, Respondents 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 Respondents 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 Respondents 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
Respondents have the right to contest this Administrative Citation pursuant to and in
accordance with Section 31.1 of the Act, 415 ILCS 5/31/1 (2006). If Respondents elect to contest
this Administrative Citation, then Respondents 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.
ELe-ict*
Date:?
k
?
10 1
Illinois Environmental Protectioi'Agency
Douglas . Scott, Director
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
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ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, ()
R
Complainant,
REMITTANCE FORM
b
Re
CLE 'S
R
OFFICE
IVED
DEC 1
4
2007
Pollution
S
TATE OF
Control
ILLINOIS
Board
AC
v.
?
(IEPA No. 336-07-AC)
KEN and ELLA COOK,
Respondents.
FACILITY:
?
Herrin/Cook
COUNTY:?
Williamson
DATE OF INSPECTION:
?
November 15, 2007
SITE CODE NO.:
?
1990405076
CIVIL PENALTY:
?
$3,000.00
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.
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