ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
ORDER
IT IS SO ORDERED.

ILLINOIS POLLUTION CONTROL BOARD

COUNTY OF WILL,

GLOVER FAMILY TRUST, ELAINE D.

GLOVER, GLEN K. GLOVER,

(Administrative Citation)

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

On December 29, 2008, County of Will (County) timely filed an administrative citation

against the Glover Family Trust, Elaine D. Glover, and Glen K. Glover (respondents).

ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation

concerns respondents’ residential property located at 24W947 Ramm Dr., Naperville, Will

County, Illinois. The Illinois Environmental Protection Agency (Agency) has previously

assigned the subject property a site code of 1978205013. For the reasons below, the Board finds

that respondents violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and

orders them to pay $4,500.00 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 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 unpermitted

415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4), (4-5) (2006); 35 Ill.

In this case, the County alleges that respondents violated Sections 21(p)(1), (3), and (7)

of the Act (415 ILCS 5/21(p)(1), (3), and (7) (2006)) by causing or allowing the open dumping

of waste in a manner resulting in litter, open burning, and the deposition of general or clean

construction and demolition debris. The County asks the Board to impose a $4,500.00 civil

penalty on respondents. As required, the County served the administrative citation on

respondents within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b)

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

corresponding civil penalty.

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 February 3, 2009. Respondents

failed to timely file a petition. Accordingly, the Board finds that Glover Family Trust, Elaine D.

Glover, and Glen K. Glover violated Sections 21(p)(1), (3), and (7) 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.

415 ILCS 5/42(b)(4-5) (2006);

35 Ill. Adm. Code 108.500(a). Because there 3 violation(s) of Section 21(p) and these are the

respondents’ first adjudicated violations, the total civil penalty is $4,500.00. Under Section

31.1(d)(1) of the Act, the Board attaches the administrative citation and makes it part of the order

This opinion constitutes the Board’s finding of fact and conclusions of law.

The Board finds that the Glover Family Trust, Elaine D. Glover, and Glen K.

Glover violated Sections 21(p)(1), (3), and (7) of the Act (415 ILCS 5/21(p)(1),

(3), and (7) (2006)).

Respondents must pay a civil penalty of $4,500.00 no later than May 4, 2009,

which is the 30th day after the date of this order. Respondents must pay $2,250.

by certified check or money order to the Illinois Environmental Protection

Agency, and the remaining $2,250 to the County of Will, c/o Pat McGuire, Will

County Treasurer. The case number, case name, and respondents’ social security

numbers must be included on the certified check or money order.

Respondents must send the certified check or money order and the remittance

form for $2,250 to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

Respondents must send the certified check or money order and the remittance

form for $2,250 to:

c/o Pat McGuire

Will County Treasurer

302 N. Chicago St.

Joliet, Illinois 60432;

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)

Payment of this penalty does not prevent future prosecution if the violations

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);

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

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 April 2, 2009, by a vote of 5-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

the complainant,

through its State’s

his assistants,

its Administrative Citation

co-trustee, states

authority vested

in the Illinois

respondents, the

26, 2003, ELAINE

co-trustee of the

belief, co-trustee

collectively referred to

“Respondents”)

relevant hereto

are the owner of

ownership interest

Dr., Naperville,

07-01-05-203-018

Illinois Environmental

Respondents have owned,

property, and upon

use the subject

property and/or

October 31, 2008,

Jason Peppmuller,

of the Will County

31, 2008, inspection

property, Officer

Report detailing his

correct copy of

the inspection report

herein as “Group

Peppmuller’ s

direct observations,

Respondents allowed

dumping of waste,

property in violation

that Respondents

open dumping of waste,

violation of 415

CAUSE OF ALLOW THE OPEN DUMPITNG OF ANY WASTE IN A

MANNER WHICH RESULTS

OPEN BURNING, SECTION 2l(p)(3)

Officer Peppmuller’

direct observations, he

determined the Respondents allowed the open dumping of waste, which resulted in

burning at the subject property in violation of 415 ILCS 5/21(p)(3).

Specifically that

allowed the open dumping of waste, which

resulted in litter, at the subject

as on October 31, 2008, Officer Peppmuller

observed during his on-site inspection

dumping which resulted in open burning in

violation of 415 ILCS 5/21(p)(3).

CAUSE OR ALLOW THE OPEN

DUMPING OF ANY WASTE IN

WHICH RESULTS I]4 DEPOSITION

CONSTRUCTION OR DEMOLITION

DEBRIS; OR CLEAN CONSTRUCTION

OR DEMOLITION DEBRIS AT THE DUMP SITE,

SECTION 21(p)(7)

On the basis on Officer Peppmuller’s direct observations,

determined the Respondents allowed the open

dumping of waste which was caused

allowed in a manner which resulted

in deposition of general construction

debris or clean construction

debris at the subject property in violation

Specifically that Respondents allowed

the open dumping of waste,

the subject property as on

31, 2008, Officer Peppmuller

open dumping of waste which was caused

in deposition of general construction

debris or clean construction

debris at the subject property

in violation of 415 ILCS

5/42(b)(4)-(5),

of the violations identified

elect not to petition

Control Board, the statutorily

penalty specified above

due and payable

27, 2009, unless

of the Illinois

Pollution Control

to contest this Administrative

by petitioning the

Pollution Control

accordance with Section

the Act, 415 ILCS

if the Illinois Pollution

finding of violation

shall be assessed the

associated hearing

and the Illinois

in addition to the

statutory civil

penalty for each violation.

Pursuant to Section

5/31.1 (d)( 1), if

Respondents fails

not to petition

the Illinois Pollution

Board for review

days of the date of

service, the Illinois

order,. which shall in

this Administrative

as alleged herein,

specified above.

be made payable

total penalty each)

County of Will, c/o Pat

N. Chicago St.,

Joliet, Illinois

(2) Illinois Environmental

North Grand Avenue

P.O.Box 19276, Springfield,

enclosed Remittance

payments to ensure

penalty and/or hearing

are not paid within

the time prescribed

of the Illinois Pollution

on said penalty

assessed against the

including the date

either initiate

against Respondent

collect said penalty

any interest accrued.

pursuant to 415

to contest this

for Review with

Pollution Control

Petition for Review

State’s Attorney,

Attn: Melanie D.

Office, 121 N. Chicago

BY THE POLLUTION

be filed with the

Clerk of the Board

Pollution Control

Chicago, Illinois

must be sent to:

James W. Glasgow,

Assistant State’s

Will County State’s

Joliet, Illinois 60432.

State’s Attorney