1. ILLINOIS POLLUTION CONTROL BOARD
    2. ORDER
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ILLINOIS POLLUTION CONTROL BOARD
September 30, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
BRIAN BELLEMEY,
Respondent.
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AC 09-10
(IEPA No. 140-08-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On August 18, 2008, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Brian Bellemey (Bellemey).
See
415 ILCS 5/31.1(c) (2006);
35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns Bellemey’s
property located in the 500 block of Madison Avenue in Junction City, Marion County. The
property is commonly known to the Agency as the “Junction City/Bellemey” site and is
designated with Site Code No. 1210205002. For the reasons below, the Board finds that
Bellemey violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders
Bellemey 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
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 Bellemey violated Sections 21(p)(1) and (p)(7) of the
Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) on July 23, 2008, by causing or allowing the open
dumping of waste in a manner resulting in litter and the deposition of general or clean
construction or demolition debris. The Agency asks the Board to impose a $3,000 civil penalty
on Bellemey. As required, the Agency served the administrative citation on Bellemey 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 violations 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 September 19, 2008. Bellemey

 
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failed to timely file a petition. Accordingly, the Board finds that Bellemey violated Sections
21(p)(1) 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 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.
ORDER
1.
The Board finds that Bellemey violated Sections 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)).
2.
Bellemey must pay a civil penalty of $3,000 no later than October 30, 2008,
which is the 30th day after the date of this order. Bellemey must pay the civil
penalty by certified check or money order, made payable to the Illinois
Environmental Protection Fund. The case number, case name, and Bellemey’s
social security number must be included on the certified check or money order.
3.
Bellemey must send the certified check or money order and the remittance form
to:
Fiscal Services
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 92794-9276
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 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);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.

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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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on September 30, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board

 
nece
CLERK'S
OFFICE
ive
t)
AUG 18 2008
Pollution
ST
ATE OF
ILLI
NOIS
Control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
BRIAN BELLEMEY,
Respondent.
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 (2006).
FACTS
1.
That Brian Bellemey ("Respondent") is the present owner of a facility located in the
500 block Madison Avenue in Junction City, Marion County, Illinois. The property is commonly
known to the Illinois Environmental Protection Agency as Junction City/Bellemey.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1210205002.
3.
That Respondent has owned said facility at all times pertinent hereto.
4.
That on July 23, 2008, Michelle Cozadd of the Illinois Environmental Protection
Agency's Collinsville 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.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
AC
0i4.1°
(IEPA No. 140-08-AC)

 
VIOLATIONS
Based upon direct observations made by Michelle Cozadd during the course of her July 23,
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 5121(p)(1)
(2006).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in the 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
5/21(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 Three Thousand Dollars ($3,000.00). 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 October 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
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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.
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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 ILCS 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.
Date: '31141°3
Dougla?
. Scott, Director
Illinois Environmental Protection Agency
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
PROTECTION AGENCY,
Complainant,
v.
IRMCEIVED
LERK'S OFFICE
AUG 18 2008
STATE OF ILLINOIS
Pollution Control Board
(IEPA No. 140-08-AC)
AC
?
to
BRIAN BELLEMEY,
Respondent.
FACILITY:?
Junction City/Bellemey
?
SITE CODE NO.:
?
1210205002
COUNTY:
?
Marion?
CIVIL PENALTY:
?
$3,000.00
DATE OF INSPECTION:
?
July 23, 2008
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
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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