ILLINOIS POLLUTION CONTROL BOARD

ORDER

June 5, 2008

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

WILLIAM DIXON,

Respondent.

)

AC 08-23

(IEPA No. 28-08-AC)

(Administrative Citation)

ORDER OF THE BOARD (by G.T. Girard):

On March 20, 2008, the Illinois Environmental Protection Agency (Agency) timely filed

an administrative citation against William Dixon (Dixon).

See

415 ILCS 5/31.1(c) (2006); 35 Ill.

Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a facility located at

SEC 30, TWP 12, RNG 1W, PART OF THE NW SE, .28 ACRES, in Jonesboro, Union County,

designated with Site Code No. 1810255016, and commonly known to the Agency as

“Jonesboro/Rendleman-Farrell-Dixon.” For the reasons below, the Board finds that Dixon

violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders Dixon to pay

$6,000 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 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, the Agency alleges that Dixon violated Sections 21(p)(1), (p)(2), (p)(3), and

(p)(7) of the Act (415 ILCS 5/21(p)(1)-(p)(3), (p)(7) (2006)) by causing or allowing the open

dumping of waste in a manner resulting in litter, scavenging, open burning, and the deposition of

general or clean construction or demolition debris. According to the administrative citation,

Dixon is the present operator of the facility. The Agency asks the Board to impose a $6,000 civil

penalty on Dixon. As required, the Agency served the administrative citation on Dixon 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 April 24, 2008. Dixon failed to

timely file a petition. Accordingly, the Board finds that Dixon violated Sections 21(p)(1), (p)(2),

(p)(3), and (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 four violations of Section 21(p) and no

allegations of any second or subsequent adjudicated violations, the total civil penalty is $6,000.

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

The Board finds Dixon violated Sections 21(p)(1), (p)(2), (p)(3), and (p)(7) of the

Environmental Protection Act (415 ILCS 5/21(p)(1)-(p)(3), (p)(7) (2006)).

Dixon must pay a civil penalty of $6,000 no later than July 7, 2008, which is the

first business day following the 30th day after the date of this order. Dixon must

pay the civil penalty by certified check or money order, made payable to the

Illinois Environmental Protection Agency, designated to the Illinois

Environmental Protection Trust Fund. The case number, case name, and Dixon’s

social security number or federal employer identification number must be

included on the certified check or money order.

Dixon 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

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)).

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);

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;

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

Board adopted the above order on June 5, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

(IEPA No. 28-08-AC)

Respectfully submitted,

Michelle M. Ry

Assistant Counsel

RECIEWEEb

CLERK'S OFFICE

MAR 2 0 2008

STATE

ILLIOIS

Pollution Control

Board

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

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: March 18, 2008

THIS FILING SUBMITTED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IRICZOF

. FICE

TCAMLTAEER OF

2 0i:2:

01;0

ADMINISTRATIVE CITATION

Yollution Control Board

ILLINOIS ENVIRONMENTAL

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

That William Dixon ("Respondent") is the present operator of a facility located at the

following legal address: SEC 30, TWP 12, RNG 1W, PART OF THE NW SE, .28 ACRES, in

Jonesboro, Union County, Illinois. The property is commonly known to the Illinois Environmental

Protection Agency as Jonesboro/Rendleman-Farrell-Dixon.

That said facility is an open dump operating without an Illinois Environmental

Protection Agency Operating Permit and is designated with Site Code No. 1810255016.

That Respondent has operated said facility at all times pertinent hereto.

That on January 29, 2008, Sheila Williams of the Illinois Environmental Protection

Agency's Marion Regional Office inspected the above-described facility. A copy of her inspection

report setting forth the results of said inspection is attached hereto and made a part hereof.

VIOLATIONS

Based upon direct observations made by Sheila Williams during the course of her January

29, 2008 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)

(2006).

(2)

That Respondent caused or allowed the open dumping of waste in a manner

resulting in scavenging, a violation of Section 21(p)(2) of the Act, 415 ILCS

5/21(p)(2)(2006).

(3)

That Respondent 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)(2006).

(4)

That Respondent 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 5121(p)(7) (2006).

CIVIL PENALTY

Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006), 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 Six Thousand Dollars ($6,000.00). 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 April 15, 2008, 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 (2006), and if the Illinois

Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,

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 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 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.

Douglas P. •cott, Director

Illinois Environmental Protection Agency

110

Date:

/18)0'8

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 I LCS 5/31/1 (2006). 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.

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

RECEIVED

MAR

2008

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

Jonesboro/Rendleman-Farrell-Dixon

SITE CODE NO.: 1810255016

COUNTY:

Union

CIVIL PENALlY: $6,000.00

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.