ILLINOIS POLLUTION CONTROL BOARD

ORDER

July 21, 2008

COUNTY OF VERMILION, ILLINOIS,

Complainant,

REX GREENE,

Respondent.

)

AC 08-33

(County No. 08-01)

(Administrative Citation)

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

On June 10, 2008, the County of Vermilion (County) timely filed an administrative

citation against Rex Greene (Greene).

See

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

108.202(c). The administrative citation concerns a property operated by Greene, located at

41660 N. Main Street in East Lynn, Vermilion County, and designated with Illinois

Environmental Protection Agency (Agency) Site Code No. 1838015006. For the reasons below,

the Board finds that Greene violated the Environmental Protection Act (Act) (415 ILCS 5

(2006)) and that the statutory civil penalty for the violations is $3,000.

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 County alleges that Greene violated Sections 21(p)(1) and (3) of the Act

(415 ILCS 5/21(p)(1), (3) (2006)) by causing or allowing the open dumping of waste in a manner

resulting in litter and open burning. In the administrative citation, the County asks the Board to

impose the statutory civil penalty on Greene of $3,000. As required, the County served the

administrative citation on Greene within “60 days after the date of the observed violation.” 415

ILCS 5/31.1(b) (2006);

see also

35 Ill. Adm. Code 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 by July 7, 2008. Greene failed to

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

(3) of the Act.

The civil penalty for violating any provision of Section 21(p) is $1,500 for each violation,

except that the penalty increases to $3,000 for each second or subsequent adjudicated violation

of that provision.

See

415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a)(2). Because

there are two violations of Section 21(p) here and nothing in this record suggests that these are

second or subsequent adjudicated violations for Greene, the total civil penalty is $3,000. The

cover letter to the County’s administrative citation represents that Greene paid the $3,000 civil

penalty on June 3, 2008. Accordingly, as provided in the order below, Greene is not required to

pay the $3,000 civil penalty if it has already been paid.

See

IEPA v. Harold Graves, AC 06-23

(Sept. 6, 2007) (after representation that penalty had been paid, Board ordered respondent to pay

the civil penalty “[u]nless the penalty has already been paid.”); IEPA v. Olen G. Parkhill, AC 00-

16 (Feb. 3, 2000) (same). 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 that Greene violated Sections 21(p)(1) and (3) of the Act (415

ILCS 5/21(p)(1), (3) (2006)).

Unless the civil penalty has already been paid, Greene must pay a civil penalty of

$3,000 no later than August 20, 2008, which is the 30th day after the date of this

order.

Greene must pay the civil penalty by certified check or money order, made

payable to the County of Vermilion, Illinois. The case number, case

name, and Greene’s social security number or federal employer

identification number must be included on the certified check or money

order.

Greene must send the certified check or money order and the remittance

form to:

Vermilion County Health Department

200 South College Street

Danville, Illinois 61832

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 the civil 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 opinion and order on July 21, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board