ILLINOIS POLLUTION CONTROL BOARD
March 20, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
NORMA EDDINGTON and CECIL
EDDINGTON,
Respondents.
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AC 08-12
(IEPA No. 1-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On January 18, 2008, the Illinois Environmental Protection Agency (complainant) timely
filed an administrative citation against Norma Eddington and Cecil Eddington (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 4954 U.S. Highway 67 in Beardstown, Cass
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 one thousand five
hundred dollars ($1,500.00) 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 Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2004)) by causing or allowing the open dumping of waste in a manner
resulting in litter. Complainant asks the Board to impose a $1,500 civil penalty on respondent.
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 February 22, 2007. Respondents
failed to timely file a petition. Accordingly, the Board finds that respondents violated Section
21(p)(1) of the Act.
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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 is one violation of Section 21(p) and no allegation
of any second or subsequent adjudicated violation, the total civil penalty is $1,500. 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 finding of fact and conclusions of law.
ORDER
1.
The Board finds that Norma Eddington and Cecil Eddington violated Section
21(p)(1) of the Environmental Protection Act.
2.
Norma Eddington and Cecil Eddington must pay a civil penalty of one thousand
five hundred dollars ($1,500.00) no later than April 21, 2008, which is the first
business day after the 30th day after the date of this order. Norma Eddington and
Cecil Eddington 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 Norma Eddington or Cecil
Eddington must be included on the certified check or money order.
3.
Norma Eddington and Cecil Eddington 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 violation
continues.
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 March 20, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NORMA EDDINGTON and CECIL
EDDINGTON,
ECE VED
CLERffS OFFICE
JAN
18
2008
STATE OF
ILLINOIS
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~O/lution
Control
Board
AC
(IEPA No. 1-08-AC)
ADMINISTRATNE CITATION
Complainant,
v.
Respondents.
PROTECTION AGENCY,
ILLINOIS
ENVIRONMENTAL)
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NOTICE OF FILING
To:
Norma Eddington
4954 U.S. Highway 67
Beardstown, IL 62618
Cecil Eddington
801 E. Third Street
Beardstown, IL 62618
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,
,-U~ilc;~
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: January 16, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NORMA EDDINGTON and CECIL
EDDINGTON,
(IEPA No. 1-08 -AC)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
Respondents.
ADMINISTRATIVE CITATION
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ECEIVED
CLERK'S OFFICE
JAN 18 2008
STATE OF ILLINOIS
Pollution Control Board
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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 Norma Eddington is the present owner and Cecil Eddington is the operator
(collectively "Respondents")
of a facility located at 4954 U.S. Highway 67, Beardstown, Cass
County, Illinois. The property is commonly known to the Illinois Environmental Protection
Agency as Hagener Township/Eddington #2.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated v.nth Site Code No. 0178055002.
3.
That Respondents have owned/operated said facility at all times pertinent hereto.
4.
That on December 6, 2007, Charles W. King, Jr.
of the Illinois Environmental
Protection Agency's Springfield Regional Office inspected the above-described facility. A copy of
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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 Charles King during the course
of his December 6,
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 5/21(p)(1)
(2004).
CIVIL PENALTV
Pursuant to Section 42(b)(4-5)
of the Act, 415 ILCS 5/42(b)(4-5) (2004), 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 One Thousand Five Hundred Dollars ($1,500.00). 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 February 15, 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 (2004), and if the Illinois
Pollution Control Board issues a finding
of violation as alleged herein, after an adjudicatory hearing,
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
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violation.
Pursuant to Section
31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2004), 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,
1021 North 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.
Ifany 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 (2004). 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.
Illinois
DOUgta~ott,
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Environmental
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Director
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Protection
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Agency
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Date:
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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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REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
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PROTECTION AGENCY,
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Complainant,
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v.
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NORMA EDDINGTON and CECIL
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EDDINGTON,
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Respondents.
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CLEFUf!§
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JAN
18
2008
STATE 0
POllution
C~~tLLINO/S
rol Board
AC ()
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(IEPA No. 1-Q8-AC)
FACILITY:
COUNTY:
Hagener Township/Eddington #2
SITE CODE NO.:
Cass
CIVIL PENALTY:
0178055002
$1,500.00
DATE OF INSPECTION:
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
December 6, 2007
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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