ILLINOIS POLLUTION CONTROL BOARD
January 22, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
STEVE DANIELSON,
Respondent.
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)
)
)
)
)
)
)
)
)
AC 09-27
(IEPA No. 321-08-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On December 11, 2008, Illinois Environmental Protection Agency (IEPA) timely filed an
administrative citation against Steve Danielson. The administrative citation concerns
Danielson’s property known to the IEPA as the Wyanet Township/Danielson, located at 13912
1675 East Street, Princeton, Bureau County. For the reasons below, the Board finds that Mr.
Danielson violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders him
to pay $1,500.00 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, and only for limited types of alleged violations at
sanitary landfills or non-permitted 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, IEPA alleges that Mr. Danielson violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2006) by operating an open dump resulting in: (1) litter. IEPA asks the Board
to impose a $1,500.00 civil penalty on Mr. Danielson. As required, IEPA served the
administrative citation on Mr. Danielson 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[s] 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 January 14, 2009. Mr. Danielson
failed to timely file a petition. Accordingly, the Board finds that Steve Danielson violated
Section 21(p)(1) of the Act.
The civil penalty for violating any provision of subsection (p) of Section 21 is $1,500 per
violation, except that the penalty amount is $3,000 for each violation that is the person’s second
2
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 is one violation of Section 21(p) and it is Mr. Danielson’s
first adjudicated violation, the total civil penalty is $1,500.00. 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 Steve Danielson violated Section 21 (p)(1) of the Act.
2.
Steve Danielson must pay a civil penalty of $1,500.00 no later than February 23,
2009, which is the which is the first business day after the 30th day after the date
of this order. Mr. Danielson 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 Mr. Danielson’s social security number or
federal employer identification number must be included on the certified check or
money order.
3.
Steve Danielson 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.
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.
3
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
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
OFFICE
DEC.1
12008
ADMINISTRATIVE
CITATION
STATE
OF
ILLINOIS
Pollution
Control
Board
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
)
AC
I
V.
)
(IEPA
No. 321-08-AC)
STEVE
DANIELSON,
)
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
Steve
Danielson
is the
current owner
(“Respondent”)
of
a
facility
located
at
13912
1675 East
Street,
Princeton,
Bureau
County, Illinois.
The
property
is commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
Wyanet
Township/Danielson.
2.
That
said facility
is
an open
dump
operating
without
an Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
with Site
Code
No.
0118240001.
3.
That
Respondent
has
owned
said facility
at all times
pertinent
hereto.
4.
That
on
October
16, 2008,
Donna
Shehane
of the Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Rockford
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.
5.
That
on
iZ
, Illinois
EPA sent
this
Administrative
Citation
via
Certified
MailNo.
‘7c)i)’-/
OO&!
t/
3/
VIOLATIONS
Based
upon
direct
observations
made
by
Donna
Shehane
during
the course
of her
October
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
resulting
in
litter,
a violation
of
Section
21(p)(1) of
the Act,
415 ILCS
S
12
l(p)(l)
(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
One
Thousand
Five
Hundred
Dollars
($1,500.00).
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
January15,
2009,
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
Protection
Agency
and
the
Illinois
Pollution Control
Board.
Those
hearing
costs shall
be
assessed
2
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.
3
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:
Douglafi
1
P.
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
REMITTANCE
FORM
y
12008
ILLINOIS
ENVIRONMENTAL
)
fltro
BFJ
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No.
321-08-AC)
)
STEVE
DANIELSON,
)
)
Respondent.
)
FACILITY:
Wyanet
Township/Danielson
SITE
CODE
NO.:
0118240001
COUNTY:
Bureau
CIVIL
PENALTY:
$1,500.00
DATE
OF
INSPECTION:
October
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
