ILLINOIS POLLUTION CONTROL BOARD

October 16, 2008

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

BILLY HAMMOND, SR.,

Respondent.

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)

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AC 09-13

(IEPA No. 155-08-AC)

(Administrative Citation)

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

On September 3, 2008, the Illinois Environmental Protection Agency (Agency) timely

filed an administrative citation against Billy Hammond, Sr. (respondent).

See

415 ILCS

5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation

concerns respondent’s property located at 308 E. Plum Street in Benton, Franklin County. The

property is commonly known to the Agency as the “Benton/Hammond, Billy Sr.” site and is

designated with Site Code No. 0550055072. For the reasons below, the Board finds that

respondent violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders

respondent to pay $4,500 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 respondent violated Sections 21(p)(1), (p)(3), and

(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) on July 16, 2008, by causing or

allowing the open dumping of waste resulting in litter, open burning, and the deposition of

general or clean construction or demolition debris at the Franklin County site. The Agency asks

the Board to impose on respondent the statutory civil penalty of $1,500 per violation, for a total

civil penalty of $4,500. As required, the Agency served the administrative citation on

respondent 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 29, 2008. Respondent

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2

failed to timely file a petition. Accordingly, the Board finds that respondent violated Sections

21(p)(1), (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 three violations of Section 21(p) and no

allegation of any second or subsequent adjudicated violation, the total civil penalty is $4,500.

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 that respondent violated Sections 21(p)(1), (p)(3), and (p)(7) of

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

2.

Respondent must pay a civil penalty of $4,500 no later than November 17, 2008,

which is the first business day following the 30th day after the date of this order.

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

payable to the Illinois Environmental Protection Trust Fund. The case number,

case name, and respondent’s social security number must be included on the

certified check or money order.

3.

Respondent 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 violations

continue.

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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.

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 October 16, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

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BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ECEVED

CLERK’S

OFFICE

ADMINISTRATIVE

CITATION

SEP

03

2008

PROTECTION

ILLINOIS ENVIRONMENTALAGENCY,

))

Control

Board

Complainant,

AC

V.

)

(IEPA

No.

155-08-AC)

BILLY

HAMMOND,

SR.,

)

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

Billy

Hammond,

Sr. (“Respondent”)

is

the

present

owner

and

operator

of a

facility

located

at 308

E.

Plum

Street,

Benton,

Franklin

County,

Illinois.

The property

is

commonly

known

to

the

Illinois

Erwironmental

Protection

Agency

as

Benton/Hammond,

Billy

Sr.

2.

That

said

facility

is

an

open

dump

operating

without

an Illinois

Environmental

Protection

Agency

Operating

Permit

and

is

designated

with

Site

Code

No.

0550055072.

3.

That

Respondent

has

owned

and

operated

said

facility

at all

times

pertinent

hereto.

4.

That

on

July

16,

2008,

Maggie

Stevenson

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.

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VIOLATIONS

Based

upon

direct

observations

made

by

Maggie

Stevenson

during

the

course

of her

July

16,

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

insulting

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

tesulting

in

open

burning,

a

violation

of

Section

21(p)(3)

of the

Act,

415

ILCS

5/21

)(3)(2006).

(3)

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

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

Four

Thousand

Five

Hundred

Dollars

($4,500.00).

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

September

30,

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

2

---

Control

Board

in accordance

with

Section

31.1 of

the Act,

415

ILCS5/31.1

(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 I LCS

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.

3

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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:

l22

(o

Douglas.

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

4

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RKS

OFFICE

SEP

032008

REMITTANCE

FORM

STATE

OF

ILLINOIS

ollution

Control

Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

)

AC

‘

V.

)

(IEPA

No.

155-08-AC)

1:)

I

BILLY

HAMMOND,

SR.,

/

(7

I

J\I

LI)!

Respondent.

FACILITY:

Benton/Hammond,

Billy

Sr.

SITE

CODE

NO.:

0550055072

COUNTY:

Franklin

CIVIL

PENALlY:

$4,500.00

DATE

OF

INSPECTION:

July

16,

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.

5