ILLINOIS POLLUTION CONTROL BOARD
April 2, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ROB PINSKI
Respondent.
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)
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AC 08-28
(IEPA No. 52-08-AC)
(Administrative Citation)
MICHELLE M. RYAN APPEARED ON BEHALF OF THE COMPLAINANT.
OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):
In an interim opinion and order on February 19, 2009, the Board found that the
respondent, Rob Pinski
1
1
The administrative citation was also filed against Joseph Cosentino. On June 5, 2008, the
Board dismissed Joseph Cosentino on the motion of the Agency.
See
IEPA v. Cosentino and
Pinski, AC 08-28 (June 5, 2008).
, allowed the open dumping of waste resulting in litter, open burning and
the deposition of general construction or demolition debris in violation of Sections 21(p)(1),
(p)(3), and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (3), (7)
(2006)) at a site located at 1043 N. Walnut Street, St. Johns, Perry County. Having found that
Mr. Pinski committed these violations, the Board assessed the statutory civil penalty of $ 4,500
and hearing costs. The Board directed the Illinois Environmental Protection Agency (Agency)
and the Clerk of the Board to file documentation of their hearing costs and provided Mr. Pinski
the opportunity to respond to those filings.
On September March 3, 2009, the Clerk of the Board submitted an affidavit of hearing
costs totaling $165.15. On March 9, 2009, the Board received from the Agency a statement of
hearing costs in the amount of $169.83. Respondent has not responded to either statement of
costs.
See
35 Ill. Adm. Code 108.506(a) (setting 21-day deadline for response).
The Board finds the hearing costs of the Board and the Agency reasonable and orders
respondent to pay those costs under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5)
(2006). The Board incorporates by reference the findings of fact and conclusions of law from its
February 19, 2009, interim opinion and order. Under Section 31.1(d)(2) of the Act, the Board
attaches the administrative citation and makes it part of the Board's final order.
This opinion and order constitutes the Board's findings of fact and conclusions of law.
ORDER
1.
The Board finds that respondent Mr. Rob Pinski violated Sections 21(p)(1) (3),
and (7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (3), and (7)
(2006)) at property located in St. Johns, Perry County.
2.
The Board assesses the civil penalty of $4,500 for the violations, as well as
hearing costs totaling $334.98 for a total amount of $4,834.98. Respondent must
pay $4,834.98 no later than Monday, May 18, 2009 which is the first business day
after the 45th day from the date of this order. Respondent must pay this amount
by certified check or money order, made payable to the Environmental Protection
Trust Fund. The case numbers, case name, and Respondent's social security
number or federal employer identification number must be included on the
certified check or money order.
3.
Respondent must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services
1020 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Act (415 ILCS 5/42(g) (2006)) at the rate set forth in Section 1003(a)
of the Illinois Income Tax Act (35 ILCS 5/1003(a) (2006)).
5.
Payment of this penalty does not prevent future prosecution if the violations
continue.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John Therriault, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 2, 2009, by a vote of 5-0.
______________________________
John Therriault, Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIIVTD
C
LERK'$ OFFICE
ADMINISTRATIVE CITATION
?
APR 1 1 2008
STATE OF ILLINOIS
Pollution Control Board
AC
0
e>
(IEPA No. 52-08-AC)
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 Joseph Cosentino is the present owner and Rob Pinski is the current operator
("Respondents") of a facility located at 1043 N. Walnut Street, St. Johns, Perry County, Illinois. The
property is commonly known to the Illinois Environmental Protection Agency as St. Johns/Cosentino-
P.and E. Construction, Pinski.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1450200009.
3.
That Respondents have owned/operated said facility at all times pertinent hereto.
4.
That on February 29, 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.
PROTECTION AGENCY,
?
ORIGINiAL
ILLINOIS ENVIRONMENTAL
Complainant,
?
)
v.?
)
JOSEPH COSENTINO and ROB PINSKI,
?
)
VIOLATIONS
Based
upon direct
observations made
by Sheila Williams during the
course
of her
February
29,
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
5121(p)(l)
(2006).
(2)
That Respondents
caused or allowed the open dumping
of
waste in
a manner
resulting in open burning, a violation
of Section 21(p)(3)
of the Act,
415
ILCS
5/21 (p)(3) (2006).
(3)
That Respondents caused or allowed the open dumping of waste in
a
manner
resulting
in deposition of clean
or general 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
elect
not to petition the Illinois
Pollution Control Board, the statutory civil
penalty
specified
above shall be due and
payable
no laterthan May 15,2008, unless otherwise
provided
by
order of
the Illinois Pollution
Control
Board.
If
Respondents elect to contest this
Administrative Citation
by
petitioning
the Illinois
Pollution
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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, Respondents 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.
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P
6- ),-.75
Dougla P. Scott, Director
Illinois Environmental Protection Agency
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.
Date:
41 VOS
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
PROTECTION AGENCY,
v.
Complainant,
?
?
ORIGINAL)
)
)
JOSEPH COSENTINO and ROB PINSKI,
?
)
lECEIVED
CLERK'S OFFICE
APR 1 1 2008
STATE OF ILLINOIS
Pollution Control Board
A
?
C?
'
4?43
(IEPA No. 52-08-AC)
Respondents.
FACILITY:
?
St. Johns/Cosentino- P&E Construction, Pinski
SITE CODE NO.:
?
1450200009
COUNTY:
?
Perry
CIVIL PENALTY:?
$4,500.00
DATE OF INSPECTION:
?
February 29, 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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