ILLINOIS POLLUTION CONTROL BOARD
February 5, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RICHARD and KELLY HARP,
Respondents.
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AC No. 09-29
(IEPA No. 324-08-AC)
ORDER OF THE BOARD (by G.T. Girard):
On December 22, 2008, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Richard and Kelly Harp (respondents).
See
415 ILCS
5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation resulted
from an inspection of the facility at 314 West Roosevelt Road, Mason City, Mason County,
commonly known to the agency as “Mason City/Harp, Richard,” with Site Code No.
1250355027. The Agency conducted this inspection on November 17, 2008. For the reasons
outlined below, the Board finds that the respondents, owners of the facility, violated the
Environmental Protection Act (Act), 415 ILCS 5/21(p)(1) and (p)(7), and orders the respondents
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 Agency alleges that the respondents violated Sections 21(p)(1) and
21(p)(7) of the Act (415 ILCS 5/21(p) and (7) (2006)) by causing or allowing the open dumping
of waste resulting in: (1) litter and (2) deposition of construction or demolition debris. The
Agency asks the Board to impose a $3,000 civil penalty upon the respondents. As required, the
Agency served the Administrative Citation on the respondents 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
2
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 26, 2009. The
respondents failed to timely file a petition. Accordingly, the Board finds that the respondents
violated Sections 21(p)(1) and 21(p)(7) of the Act (415 ILCS 5/21(p) and (7) (2006)).
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 Richard and Kelly Harp (respondents) violated Sections
21(p)(1) and 21(p)(7) of the Act (415 ILCS 5/21(p)(1) and (7) (2006)).
2.
Respondents must pay a civil penalty of $3,000 no later than March 9, 2009,
which is the first business day after the 30th day from the date of this order. The
respondents must pay the civil penalty by certified check or money order, made
payable to the Illinois Environmental Protection Agency. The case number, case
name, and respondent’s social security number or federal employer identification
number must be included on the certified check or money order.
3.
Respondents 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.
3
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 February 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLKss
ADMINISTRATIVE CITATION
DEC
222008
P0UUtTOE
ILLINOIS
ILLINOIS ENVIRONMENTAL
)
ntrol
Board
PROTECTION AGENCY,
)
Complainant,
)
AC
q
V.
)
(IEPA No. 324-08-AC)
)
RICHARD and KELLY HARP,
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 Richard and Kelly Harp are the
current owners and Richard Harp is the
operator
(“Respondents”) of a facility located at 314 West Roosevelt Road, Mason
City, Mason County,
Illinois. The
property
is commonly known to the
Illinois Environmental Protection Agency
as Mason
City/Harp,
Richard.
2.
That said facility is an open dump
operating without an Illinois Environmental
Protection Agency Operating Permit and is designated
with Site Code No. 1250355027.
3.
That Respondents have owned and operated
said facility at all times pertinent hereto.
4.
That on November 17, 2008, Jan Mier
of
the
Illinois Environmental Protection
Agency’s
(“Illinois EPA”) Springfield 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
/2. ‘-1
S
1’
c
, Illinois
EPA sent
this Administrative
Citation via
Certified
MailNo.
7i97
&kjci
1’/
VIOLATIONS
Based upon direct
observations
made
by Jan Mier
during the
course of her November
17,
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
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
Three Thousand
Dollars
($3,000.00).
If Respondents
elects
not to
petition the Illinois
Pollution
Control Board,
the statutory
civil penaltyspecified
above
shall
be
due and
payable
no later
than
January
31, 2009. unless
otherwise provided
by order of the
Illinois
Pollution
Control Board.
2
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.
Pursuantto
Section
31.1(d)(1) of theAct,
415 ILCS
5/31.1(d)(1) (2006),
ifRespondentsfail
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:
l2/iIo
Douglas4b.
Scott, Director
L
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
CLERK’S
OFFICE
DEC
222008
REMITTANCE FORM
STATE
OF
ILLINOIS
PoUuton
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No. 324-08-AC)
)
RICHARD
and
KELLY
HARP,
)
)
Respondents.
)
FACILITY:
Mason City/Harp,
Richard
SITE CODE
NO.:
1250355027
COUNTY:
Mason
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
November 17, 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
