ILLINOIS POLLUTION CONTROL BOARD
September 30, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
DONALD E. and MARY A. JENNINGS,
Respondents.
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AC 09-5
IEPA No. 135-08-AC
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On July 21, 2008, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Donald E. and Mary A. Jennings (respondents).
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 the last property with structures on the east side of the road, prior to
agricultural fields and a 90 degree curve on South Buckhorn Street, which runs north/south on
the west side of the City of Mt. Sterling, Brown County, designated with Site Code No.
0090105031, and commonly known to the Agency as “Mt. Sterling/Jennings, Donald and Mary.”
For the reasons below, the Board finds that respondents violated the Environmental Protection
Act (Act) (415 ILCS 5 (2006)) and orders respondents 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 respondents violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2006)) on May 30, 2008, by causing or allowing the open dumping of
waste in a manner resulting in litter at the facility. According to the administrative citation, the
respondents are the current owners and operators of the facility. The Agency asks the Board to
impose a $3,000 civil penalty on respondents. As required, the Agency served the administrative
citation on respondents 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 by August 22, 2008. Respondents
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failed to timely file a petition. Accordingly, the Board finds that respondents violated Section
21(p)(1) 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). The administrative citation alleges that the violation is
respondents’ second or subsequent violation of Section 21(p)(1). Because this is a second or
subsequent adjudicated violation of Section 21(p)(1) (
see
IEPA v. Donald E. & Mary A.
Jennings, AC 04-6 (June 2, 2005)), respondents are subject to a civil penalty of $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 findings of fact and conclusions of law.
ORDER
1.
The Board finds respondents violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2006)).
2.
Respondents must pay a civil penalty of $3,000 no later than October 30, 2008,
which is 30th day after the date of this order. Respondents 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 respondents’ social
security numbers must be included on the certified check or money order.
3.
Respondents 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
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 violation
continues.
IT IS SO ORDERED.
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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 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
JUL
.
2 1 2008
STATE OF ILLINOIS
Pollution Control Board
ADMINISTRATIVE CITATION
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AC
(IEPA
coq‘
No. 135-08-AC)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RCFERCK'E
S
(WAD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
DONALD E. and MARY A. JENNINGS,
Respondents.
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 Donald and Mary Jennings are the present owners and operators of a facility
located at the last property with structures on the east side of the road, prior to agricultural fields and
a 90 degree curve on South Buckhorn Street, which runs north/south on the west side of the City of
Mt. Sterling, Brown County, Illinois. The property is commonly known to the Illinois Environmental
Protection Agency as Mt. Sterling/Jennings, Donald and Mary.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No.0090105031.
3.
That Respondents have owned and operated said facility at all times pertinent hereto.
4.
That on May 30, 2008, William Zierath of the Illinois Environmental Protection
Agency's Springfield Regional Office inspected the above-described facility. A copy of the
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inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by William Zierath during the course of his May 30,
2008 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the "Act") as follows:
(1) That Respondents 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).
CIVIL PENALTY
On June 2, 2005, the Board found Donald E. and Mary A. Jennings in violation of Section
21(p)(1) of the Act in AC 05-67.
Because this Administrative Citation addresses a second or subsequent violation of Section
21(p)(1) of the Act, pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006),
Respondents are subject to a civil penalty of Three Thousand Dollars ($3,000.00) for each violation,
for a total of Three Thousand Dollars ($3,000.00). If Respondents elect not to petition the Illinois
Pollution Control Board, the statutory civil penalty specified above shall be due and payable no later
than August 15, 2008, unless otherwise provided by order of the Illinois Pollution Control Board.
If Respondents elect 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,
Respondents 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 Respondents fail
to petition or elect 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, Respondents' check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Along with payment, Respondents 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 Respondents 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 Respondents 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
Respondents have 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 Respondents elect to contest
this Administrative Citation, then Respondents shall file a 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.
Douglas P. Scott,
f
Director
?
—
G.!
•,C-2-3.
I
?
Date:
1
1 11
14
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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ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
REMITTANCE FORM
Receilleb
CLERK'S OFFICE
JUL
.
2 1 2008
Pollution
ST
ATE OF
Control
ILLI
NOIS
BOard
Complainant,
?
AC 041
v.
?
(IEPA No. 135-08-AC)
DONALD E. and MARY A. JENNINGS,
Respondents.
FACILITY:?
Mt. Sterling/Jennings, Donald & Mary
?
SITE CODE NO.: 0090105031
COUNTY:?
Brown?
CIVIL PENALTY: $3,000.00
DATE OF INSPECTION:
?
May 30, 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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