ILLINOIS POLLUTION CONTROL BOARD
January 8, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TROY VOSS and SHIRLEY VOSS,
Respondents.
)
)
)
)
)
)
)
)
)
)
AC 09-18
(IEPA No. 296-08-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On October 20, 2008, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Troy Voss and Shirley Voss (respondents).
See
415 ILCS
5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns a site
commonly known as Voss, Shirley, with Site Code No. 0738180003, and located at 3751 North
500th Avenue, Alpha, Henry County, Illinois. For the reasons below, the Board finds that
respondents violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders
respondents to pay $4500 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 Sections 21(p)(1), (p)(3) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) by operating an open dump
resulting in: (1) litter; (2)
open burning, and (3) deposition of general construction or demolition
debris or clean construction or demolition debris. The Agency asks the Board to impose a $4500
civil penalty on respondents. 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 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 a 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 108.204(b),
108.406. Here, any petition for review was due on for December 17, 2008 for Troy Voss and
December 8, 2008 for Shirley Voss. Accordingly, the Board finds that respondents violated
Sections 21(p)(1), (p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)).
2
The civil penalty for violating Section 21(p) is $1500 for each violation. 415 ILCS
5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a). Because there are three violations, the total
civil penalty is $4500. 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.
Respondents must pay a civil penalty of $4500 no later than February 9, 2009,
which is the first business day following the 30th day after the date of this order.
2.
Respondents must pay the civil penalty by certified check or money order, made
payable to the Illinois Environmental Protection Trust Fund.
3.
Respondents must send the certified check or money order and the remittance
form to:
Fiscal Services
Illinois Environmental Protection Agency
1021 N. 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.
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.
IT IS SO ORDERED.
3
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on January 8, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLRKs
ADMINISTRATIVE
CITATION
u
232038
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
°fltroj
BOr
Complainant,
)
AC
6
j
V.
)
(IEPA
No.
296-08-AC)
TROYVOSS
and
SHIRLEY
VOSS,
)
)
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
Shirley
Voss
is
the current
owner
and
Troy
Voss
is
the
operator
(“Respondents”)
of a facility
located
at
3751
North
500
th
Avenue,
Alpha,
Henry
County,
Illinois.
The
property
is
commonly
known
to
the Illinois
Environmental
Protection
Agency
as
Voss,
Shirley.
2.
That
said
facility
is
an open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is designated
with
Site
Code
No.
0738180003.
3.
That
Respondents
have owned
and
operated
said facility
at all
times
pertinent
hereto.
4.
That on
September15,
2008,
Eugene
Figge
of
the Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Peoria
Regional
Office
inspected
the
above-described
facility.
A
copy
of
his inspection
report
setting
forth
the
results
of
said
inspection
is
attached
hereto
and
made
a
part
hereof.
5.
Thaton
Jo-,
(-
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,Illinois
EPAsentthisAdministrativeCitation
[viaCertified
‘7007
02-2-0
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No.
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hand
delivery].
VIOLATIONS
Based
upon
direct
observations
made
by Eugene
Figge
during
the
course
of
his
September
15,
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).
(2)
That Respondents
caused
or allowed
the
open
dumping
of
waste
in
a
manner
tesulting
in
open
burning,
a
violation
of
Section
2l(p)(3)
of the
Act,
415
ILCS
5/21
3)(2006).
(3)
That Respondents
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),
Respondents
are
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
Respondents elects
not
to petition
the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
2
specified
above shall
be
due
and payable
no later
than
November
30,
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
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,
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, 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.
3
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 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
Respondents.
f
Date:
Ioivslo’3
Dougla
P.
Scott,
Diictor
‘
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
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
OCT2rj
2008
PROTECTION
AGENCY,
)
STATE
OFILjj
Complainant,
)
AC
çjPOIIUthn
Control
BOard
V.
)
(IEPA
No.
296-08-AC)
TROYVOSS and
SHIRLEY
VOSS,
)
)
Respondents.
)
FACILITY:
Voss,
Shirley
SITE
CODE
NO.:
0738180003
COUNTY:
Henry
CIVIL
PENALTY:
$4,500.00
DATE
OF
INSPECTION:
September
15,
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
