ILLINOIS POLLUTION CONTROL BOARD

February 5, 2009

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

REYNOLDS SERVICE CO.,

Respondent.

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AC 09-14

(IEPA No. 214-08-AC)

(Administrative Citation)

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

On December 31, 2008, Reynolds Service Co. (respondent) filed a motion to reconsider

and vacate the Board’s December 4, 2008 order and December 18, 2008 order (Mot.). The

Illinois Environmental Protection Agency (Agency) has not responded to the motion.

In ruling on a motion for reconsideration, the Board will consider factors including new

evidence or a change in the law, to conclude that the Board’s decision was in error. 35 Ill. Adm.

Code 101.902. In Citizens Against Regional Landfill v. County Board of Whiteside, PCB 93-

156 (Mar. 11, 1993), we observed that “the intended purpose of a motion for reconsideration is

to bring to the court’s attention newly discovered evidence which was not available at the time of

hearing, changes in the law or errors in the court’s previous application of the existing law.”

Korogluyan v. Chicago Title & Trust Co.

, 213 Ill. App. 3d 622, 627, 572 N.E.2d 1154, 1158 (1st

Dist. 1992). The respondent argues that the Board’s December 4, 2008 order could not have

“considered or addressed important matters contained” in respondent’s reply. Mot. at 2.

As the Board noted in the December 18, 2008 order finding that the reply was moot, the

Board’s rules provide that the moving party does not have the right to reply except as allowed by

the Board or hearing officer. 35 Ill. Adm. Code 101.500(d). The reply was not accompanied by

a motion for leave to file a reply and was received after the Board entered the final order. The

Board entered the final order 17 days after receipt of the Agency’s response to the motion to

clarify. Therefore, the Board properly declined to consider the reply and nothing in respondent’s

motion for reconsideration convinces the Board otherwise. Therefore, the Board denies the

motion to reconsider.

IT IS SO ORDERED.

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2

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on February 5, 2009, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

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1 I

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ADMINISTRATIVE

CITATION

ILLINOIS

ENVIRONMENTAL

)

PROTECTIONAGENCY,

)

Complainant,

)

AC

q

1

Lt

“1%

)

v.

)

(IEPA

No.

214-08-AC)

)

REYNOLDS

SERVICE

CO.

INC.,

)

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

Reynolds

Service

Co.,

Inc. (“Respondent”)

is

the

presentownerand

operatorof

a facility

located

at the

following:

Section

23,

TWP

12, Rng

2W,

Part

of SE

corner

of

NE NE,

Union

County,

Illinois.

The property

is commonly

known

to

the Illinois

Environmental

Protection

Agency

as

Jonesboro/Reynolds

Service

Co.,

Inc.

2.

That said

facility

is an open

dump

operating

without

an

Illinois

Environmental

Protection

Agency

Operating

Permit

and is

designated

th Site

Code

No.

1818565001.

3.

That

Respondent

has

owned

and operated

said

facility

at

all times

pertinent

hereto.

4.

That

on August

4, 2008,

Sheila

Williams

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.

---

VIOLATIONS

Based

upon

direct

observations

made

by

Sheila

Williams

during

the

course

of herAugust4,

2008

inspection

of the

above-named

facility,

the

lllnois

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

5/21(p)(1)

(2006).

(2)

That

Respondent

caused

or

allowed the

open

dumping

of waste

in

a

manner

resulting

in proliferation

of

disease

vectors,

a

violation

of

Section

21(p)(5)

of

the Act,

415

ILCS

5121(p)(5)

(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

October

15, 2008,

unless

otherwise

provided

2

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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

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

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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:

I

1o

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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REMITTANCE

FORM

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

)

AC

0

q

1

2

J-

v.

)

(IEPA

No. 214-08-AC)

REYNOLDS

SERVICE

CO.

INC.,

)

Respondent.

)

FACILITY:

Jonesboro/Reynolds

Service

Co.,

Inc.

SITE

CODE

NO.:

1818565001

COUNTY:

Union

CIVIL

PENALTY:

$4,500.00

DATE

OF INSPECTION:

August

4,

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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