ILLINOIS POLLUTION CONTROL BOARD

April 3, 2008

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

MICHAEL GRUEN AND JON ERIC

GRUEN, d/b/a JON’S TREE SERVICE,

Respondents.

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AC 06-49

(IEPA No. 96-06-AC)

(Administrative Citation)

MICHELLE RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF COMPLAINANT; and

PHILLIP H. HAMILTON, FARRELL, HAMILTON & JULIAN, P.C., APPEARED ON

BEHALF OF RESPONDENTS.

OPINION AND ORDER OF THE BOARD (by T.E. Johnson):

Having received documentation of hearing costs in this administrative citation

enforcement action, the Board today issues its final opinion and order. On January 24, 2008, the

Board issued an interim opinion and order, finding that Michael Gruen and Jon Eric Gruen,

doing business as Jon’s Tree Service (respondents), violated Section 21(p)(1) of the

Environmental Protection Act (Act) (415 ILCS 5/21(p)(1)) (2006)) at a site located at the

conjunction of Route 66 and Old Route 66, south of Mount Olive, in Macoupin County. The

April 20, 2006 violation was alleged in an administrative citation issued by the Illinois

Environmental Protection Agency (Agency). The site is known to the Agency as “Mount

Olive/Gruen” and is designated with Site Code No. 1178135010.

In its January 24, 2008 decision, after the Board found the violation, the Board held that

under Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2006)), respondents were subject to

the statutorily-fixed $1,500 civil penalty. In addition, the Board held that respondents, by

unsuccessfully contesting the administrative citation at hearing, also must pay the hearing costs

of the Agency and the Board. The hearing in this case was held on March 14, 2007, at the

Carlinville City Hall Council Chambers.

Because no information on hearing costs was in the record, the Board directed the

Agency and the Clerk of the Board each to file documentation of the respective hearing costs,

supported by affidavit, and to serve the filing on respondents. The Board also gave respondents

an opportunity to respond to the requests for hearing costs and noted that after the time periods

for these filings had expired, the Board would issue a final opinion and order assessing the civil

penalty and any appropriate hearing costs.

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On February 25, 2008, the Board received the Agency’s statement of hearing costs,

supported by affidavit, which the Agency served on respondents. The Agency’s hearing costs

total $83.06, consisting of mileage and clerical costs. On January 30, 2008, the Clerk of the

Board submitted an affidavit of the Board’s hearing costs totaling $344.50, the entirety of which

reflects the costs of court reporting. The Clerk served this documentation on respondents, who

did not respond to either the Agency’s statement of hearing costs or the Clerk’s affidavit.

The Board finds the hearing costs of the Agency and the Board reasonable and below

orders respondents to pay those costs under Section 42(b)(4-5) of the Act. The Board

incorporates by reference the findings of fact and conclusions of law from its January 24, 2008

interim opinion and order. Under Section 31.1(d)(2) of the Act (415 ILCS 5/31.1(d)(2) (2006)),

the Board attaches the administrative citation and makes it part of the Board’s final order.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

1.

The Board finds that respondents violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2006)) by causing or allowing the open dumping of waste in a manner

resulting in litter.

2.

The Board assesses the statutory civil penalty of $1,500 for the violation, as well

as hearing costs totaling $427.56, for a total amount due of $1,927.56.

Respondents must pay $1,927.56 no later than May 19, 2008, which is the first

business day following the 45th day after the date of this order. Respondents

must pay this amount by certified check or money order, made payable to the

Illinois Environmental Protection Trust Fund. The case number, case name, and

respondents’ social security numbers or federal employer identification number

must be included on the certified check or money order.

3.

Respondents must send the certified check or money order to:

Illinois Environmental Protection Agency

Attn.: Fiscal Services

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 violation

continues.

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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.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on April 3, 2008, by a vote of 4-0.

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John T. Therriault, Assistant Clerk

Illinois Pollution Control Board