ILLINOIS POLLUTION CONTROL BOARD
January 22, 2009
COUNTY OF VERMILLION, ILLINOIS
Complainant,
v.
BILL RICHARDSON,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
AC No. 09-26
County No. 08-04
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On December 4, 2008, the County of Vermilion, Illinois timely filed an administrative
citation against Bill Richardson.
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b),
108.202(c). The administrative citation concerns an unlicensed open dump on residential
property located at 647 E. 13th Street, Danville, County of Vermilion. For the reasons below,
the Board finds that Richardson violated the Environmental Protection Act (“Act”), 415 ILCS
5/21(p)(1) and (p)(3) (2006), and orders Richardson 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 Illinois Environmental Protection Agency or, if the Agency has delegated the
authority, by a unit of local government, 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 County of Vermilion alleges that Richardson violated violated Sections
21(p)(1) and 21(p)(3) of the Act (415 ILCS 5/21(p)(1) and (3) (2006)) by causing or allowing the
dumping of open waste in a manner resulting in: (1) litter and (2) open burning. The County of
Vermilion asks the Board to impose a $3,000 civil penalty on Richardson. As required, the
County of Vermilion served the administrative citation on Richardson 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
2
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 on December 30, 2008. Richardson
failed to timely file a petition. Accordingly, the Board finds that Richardson violated Sections
21(p)(1) and 21(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.
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), 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 Bill Richardson (Richardson) violated Sections 21(p)(1) and
21(p)(3) of the Act (415 ILCS 5/21(p)(1) and (3) (2006)).
2.
Richardson must pay a civil penalty of $3,000 no later than February 23, 2009,
which is which is the first business day after the 30 day from the date of this
order. Richardson must pay the civil penalty by certified check or money order,
made payable to the County of Vermilion. The case number, case name, and
Richardson’s social security number or federal employer identification number
must be included on the certified check or money order.
3.
Richardson must send the certified check or money order and the remittance form
to:
Vermilion County Health Department
200 S. College Street
Danville, Illinois 61832
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.
3
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 January 22, 2009, by a vote of 5-0.
__
_________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
ECEVED
CLERK’S
OPCE
DEC
0
‘i
2008
BEFORE THE ILJJNOIS
ADM1NISTRATWE
Ci9P)
tr
oara
COIJNIY OF VERMILION, ILLINOIS,
)
Complainant,
)
AC No.
)
v.
)
CountyFileNo.08-04
)
BILL
RICHARDSON,
)
)
Respondent.
)
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”), 4 15
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).
FACTS
1. Respondent’s mother, Zora Davis, is, and was
at all times relevant to
this
Administrative Citation, the owner of property
located at 647 E.
13
th
Street,
Danville, County of Vermilion,
State of Illinois.
2. Said property was operated as an unlicensed
open dump, and designated
with
Illinois
Environmental Protection Agency
Site Code No.1838040025.
3. On October 3, 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
reference.
VIOLATIONS
On the basis of the direct observation of Douglas
Toole,
the
County
of Vermilion
has
determined that on October
3,
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:
A.
Open dumping
resulting
in litter was
observed
at the
site, in violation
of
Section
21(p)(1)
of the Act, 415
ILCS
5/21(p)(1),
which provides no
person shall. . . cause or allow the open
dumping
of any waste in a manner
which results in. . . litter; and
B.
Open dumping resulting in open burning was observed at
the site, in
violation of
Section 2l(p)(3)
of
the
Act, 415 ILCS 5/2l(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
61832.
If you acknowledge the violation cited herein, the
civil
penalty specified above
shall be due and payable no later than December 26, 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:
(1) 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
(2) 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.
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.
Dated:
ii
2’i /0
I
/
Frank
R. Young
State’s
Attorney
for
ilion
ounty
By:
i2
Charles
D.
Mockbee
IV
Assistant
State’s
Attorney
Prepared
by:
Charles
D. Mockbee
1V
Office
of the
State’s Attorney
7 N. Vermilion
St.
Danville,
IL 61832
217-554-7750
REMITTANCE FORM TO ILLINOIS EPA
IN
THE MATTER OF
)
BILL
RICHARDSON,
)
AC No.
(A
)
County File No. 08-04
Respondent
)
CLERK’S
OFF,cr
Facility/Property:
Bill Richardson
DEC
042008
STATE
OF
ILLINOIS
County:
Vermilion
Pollution
Control
Board
Date of Inspection:
October 3, 2008
Site Code No.:
1838040025
Civil
Penalty to Illinois
EPA:
$750.00
for each violation
= $1500.00
Date
Remitted:
SSN/FEIN No.:
Signature:
NOTE
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
)
BILL RICHARDSON,
)
AC No.
C
>
)
County
File
No. 08-04
)
Respondent
)
CL2RKS
OFFICE
Facility/Property:
Bill Richardson
DEC
0
2008
County:
Vermilion
STATE
OF
ILLINOIS
PolIuton
Control
Board
Date of
Inspection:
October
3,
2008
Site Code
No.:
1838040025
Civil Penalty to County:
$750.00
for each violation
= $1500.00
Date Remitted:
SSN/FEIN No.:
Signature:
NOTE
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.
