ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
ORDER

ILLINOIS POLLUTION CONTROL BOARD

August 21, 2008

COUNTY OF VERMILION, ILLINOIS,

(County File No. 08-03)

(Administrative Citation)

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

On July 7, 2007, the County of Vermilion (County) timely filed an administrative citation

against Connie Yount (Yount).

415 ILCS 5/31.1(c) (2006). The administrative citation

concerns Yount’s property located at 546 Highland Park Road, Danville, Vermilion County. The

Illinois Environmental Protection Agency (Agency) has designated the property with Site Code

No. 1838045028. For the reasons below, the Board finds that Yount violated the Environmental

Protection Act (Act) (415 ILCS 5 (2006)) and orders Yount to pay $3,000 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

415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4), (4-5) (2006); 35 Ill.

In this case, the County alleges that Yount violated Sections 21(p)(1) and (p)(3) of the

Act (415 ILCS 5/21(p)(1), (p)(3) (2006)) on May 14, 2008, by causing or allowing the open

dumping of waste in a manner resulting in litter and open burning. The County asks the Board to

impose a civil penalty on Yount of $1,500 for each violation, for a total civil penalty of $3,000.

As required, the County served the administrative citation on Yount within “60 days after the

date of the observed violation.” 415 ILCS 5/31.1(b) (2006);

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 violations alleged and impose the

corresponding civil penalty.

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 August 7, 2008. Yount failed to

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

(p)(3) 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.

415 ILCS 5/42(b)(4) (2006);

35 Ill. Adm. Code 108.500(a). Because there are two violations of Section 21(p) and no

allegation of any second or subsequent adjudicated violation, 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.

The Board finds that Yount violated Sections 21(p)(1) and (p)(3) of the

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

Yount must pay the total civil penalty amount of $3,000 no later than September

22, 2008, which is the first business day following the 30th day after the date of

this order. Yount must pay the civil penalty by two separate certified checks,

each in the amount of $1,500, one made payable to the County of Vermilion,

Illinois, and the other made payable to the Illinois Environmental Protection

Fund. Each certified check must include the case number, case name, and

Yount’s social security number.

Yount must send the $1,500 certified check payable to the County of Vermilion,

Illinois, along with the respective remittance form, to:

Vermilion County Health Department

200 South College Street

Danville, Illinois 61832

Yount must send the $1,500 certified check payable to the Illinois Environmental

Protection Trust Fund, along with the respective remittance form, to:

Fiscal Services

Illinois Environmental Protection Agency

1021 North Grand Avenue East

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)

Payment of this penalty does not prevent future prosecution if the violations

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);

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

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 August 21, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

BEFORE THE ILLINOIS POLLUTION CONTROL

ADMINISTRATIVE CITATION

_STATE OF ILLINOIS

Palution Control

County File No. 08-03

JURISDICTION

This Administrative Citation is issued pursuant to the authority vested in the

Illinois Environmental Protection Agency by sections 4(e) and 31.1 of the Illinois

Environmental Protection Act ("Act"), 415 ILCS 5/4(e), 5/31.1, and delegated to

Vermilion County pursuant to section 4(r) of the Act, 415 ILCS 5/4(r).

Respondent, Connie Yount, is, and was at all times relevant to this

Administrative Citation, the owner of property located at 546 Highland Park

Road, Danville, County of Vermilion, State of Illinois.

Said property was operated as an unlicensed open dump, and designated with

Illinois Environmental Protection Agency Site Code No. 1838045028.

On May 14, 2008, Douglas Toole of the Vermilion County Health Department

inspected the above-described property. Douglas Toole's Affidavit and a

copy of their inspection report are attached hereto and made a part hereof by

On the basis of the direct observation of Douglas Toole, the County of Vermilion

has determined that on May 14, 2008, Respondent was conducting an unlicensed open

dump at the above-described address, which is required to have a permit pursuant to 415

ILCS 5/21(a) of the Act, in a manner which resulted in the following conditions:

Open dumping resulting in litter was observed at the site, in violation of

Section 21(0(1) of the Act, 415 ILCS 5/21(0(1), which provides no

person shall...cause or allow the open dumping of any waste in a manner

which results in...litter; and

COUNTY OF VERMILION, ILLINOIS,

Open dumping resulting in open burning was observed at the site, in

violation of Section 21(p)(3) of the Act, 415 ILCS 5/21(p)(3), which

provides no person shall...cause or allow the open dumping of any waste

in a manner which results in...open burning.

CIVIL PENALTY

Pursuant to section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5), Respondent

herein is subject to a civil penalty of Fifteen Hundred Dollars ($1500.00) for each of the

above-mentioned violations. Additionally, should Respondent elect to petition the

Illinois Pollution Control Board under the review process described herein, and if there is

a finding of the violation alleged herein after an adjudicatory hearing, Respondent shall

be assessed the associated hearing costs incurred by the Illinois Pollution Control Board,

in addition to the Fifteen Hundred Dollar ($1500.00) statutory penalty for each violation.

PROCEDURE FOR CONTESTING

THIS ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation under section 31.1(d) of

the Act, 415 ILCS 5/31.1(d). If you elect to contest this Administrative Citation, you

must file a Petition for Review with the Clerk of the Illinois Pollution Control Board, at

the State of Illinois Center, 100 West Randolph Street, Suite 11-500, Chicago, Illinois

60601. Such Petition for Review must be filed within thirty-five (35) days of the date of

service of this Administrative Citation, or a default judgment will be issued by the Illinois

Pollution Control Board. A copy of the Petition for Review should be filed with the

Vermilion County State's Attorney's Office, 7 North Vermilion Street, Danville, Illinois

If you acknowledge the violation cited herein, the civil penalty specified above

shall be due and payable no later than August 4, 2008. If you do not petition the Illinois

Pollution Control Board for review of this Administrative Citation within thirty-five (35)

days of service hereof and have not paid the civil penalty by the due date stated above, or

if you elect to contest this Administrative Citation, any judgment rendered shall specify

the due date of the statutory civil penalty and any costs assessed against you.

When payment is made, checks shall be made payable in equal amounts (50% of

the total penalty each) 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; and

the County of Vermilion, Illinois, and mailed to the attention of Vermilion

County Health Department, 200 South College Street, Danville, Illinois 61832.

Respondent shall complete and return the enclosed Remittance Forms with

payments to ensure proper documentation of payment.

State's Attorney for

If any civil penalty, by reason of acknowledgment, default or finding after

adjudicatory hearing, is not paid when due, the Vermilion County State's Attorney may

initiate proceedings in the Circuit Court to collect said civil penalty. In addition to the

previously assessed civil penalty and any hearing costs of the Illinois Pollution Control

Board, the State's Attorney's Office will seek to recover its costs of litigation.

Charles D. Mockbee IV

Assistant State's Attorney

Charles D. Mockbee IV

Office of the State's Attorney

7 N. Vermilion St.

Danville, IL 61832

REMITTANCE FORM TO ILLINOIS EPA

IN THE MATTER OF

County File No. 08-03

Facility/Property: Connie Yount

Date of Inspection:

Civil Penalty to Illinois EPA: $750.00 for each violation = $1500.00

Please enter the date of your remittance, your Social Security Number (SSN) if an

individual, or Federal Employer Identification Number (FEIN) if a business, and sign this

Remittance Form. Your check should be made out to the the Illinois Environmental

Protection Trust Fund. Be sure your check is enclosed with this Remittance Form and

mail to: Fiscal Services, Illinois Environmental Protection Agency, 1021 North Grand

Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276.

REMITTANCE FORM TO VERMILION COUNTY HEALTH DEPARTMENT

IN THE MATTER OF

Facility/Property:

Date of Inspection:

Civil Penalty to County:

$750.00 for each violation = $1500.00

Please enter the date of your remittance, your Social Security Number (SSN) if an

individual, or Federal Employer Identification Number (FEIN) if a business, and sign this

Remittance Form. Your check should be made out to the County of Vermilion, Illinois.

Be sure your check is enclosed with this Remittance Form and mail to: Vermilion County

Health Department, 200 S. College Street, Danville, Illinois 61832.

County File No. 08-03