1. ILLINOIS POLLUTION CONTROL BOARD
    2. ORDER
    3. IT IS SO ORDERED.
 
ILLINOIS POLLUTION CONTROL BOARD
April 16, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
INFO CORNER MATERIALS, INC.,
Respondent.
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AC 09-37
(IEPA No. 15-09-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On February 27, 2009, Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Info Corner Materials, Inc. (ICM).
See
415 ILCS 5/31.1(c)
(2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns ICM’s
disposal facility located on Bachmann Drive, just north of the junction of North Dirksen
Parkway and Peoria Road, in Springfield Township, Sangamon County. The property is
commonly known to the Agency as Springfield Township/Info Corner Materials, Inc. For the
reasons below, the Board finds that ICM violated the Environmental Protection Act (Act) (415
ILCS 5 (2006)) and orders it to pay $3,000.00 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
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 ICM violated Sections 21(p)(1) and (p)(7) of the Act
(415 ILCS 5/21(p)(1) and (p)(7) (2006) by causing or allowing the open dumping of waste in a
manner resulting in litter and the deposition of clean or general construction or demolition
debris. The Agency asks the Board to impose a $3,000.00 civil penalty on ICM. As required,
the Agency served the administrative citation on ICM 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
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 April 3, 2009. ICM failed to
 
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timely file a petition. Accordingly, the Board finds that ICM violated Sections 21(p)(1) and
(p)(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.
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) and these are
first adjudicated violations, the total civil penalty is $3,000.00. 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 Info Corner Materials, Inc. (ICM) violated Sections 21(p)(1)
and (p)(7) of the Act.
2.
ICM must pay a civil penalty of $3,000.00 no later than May 18, 2009, which is
the first business day after the 30th day after the date of this order. ICM 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 ICM’s
federal employer identification number must be included on the certified check or
money order.
3.
ICM 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 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
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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 April 16, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
gqEcEVED
ADMINISTRATIVE
CITATION
CLERK’S
OFFICE
FEB
272009
ILLINOIS ENVIRONMENTAL
)
STATE
OF
ILLINOIS
PROTECTION AGENCY,
)
Pollution
Control
Board
Complainant,
)
AC
0
9
-“9
V.
)
(IEPANo.
15-09-AC)
)
INFO CORNER MATERIALS, INC.,
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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 Info Corner Materials, Inc.
is
the current
operator (“Respondent”) of
a facility
located on Bachmann Drive, just north of the junction of
North
Dirksen
Parkwayand Peoria
Road, in
Springfield
Township,
Sangamon County, Illinois. The property is
commonly known to the
Illinois
Environmental Protection Agency
as Springfield Township/Info Corner Materials,
Inc.
2.
That said facility is an open
dump operating without an Illinois
Environmental
Protection Agency Operating Permit and is designated
with Site Code No. 1678220075.
3.
That Respondent has operated
said
facility
at all times pertinent hereto.
4.
That on January
9,
2009,
Richard C. Johnson of the Illinois Environmental
Protection
Agency’s
(“Illinois EPA”)
Springfield Regional Office inspected the above-described
facility.
A copy
of his
inspection
report setting forth the results
of
said inspection
is attached hereto and made
a part
hereof.
1
5.
That
on
-
-/-O7,
Illinois
EPA sent
this
Administrative
Citation
via
Certified
Mail No.
“7007
3O2-O
UeX)2..
3(4
3107.
7rz]
3o-
o’ô
3-i
3o9i
VIOLATIONS
Based
upon
direct observations
made by
Richard
C.
Johnson
during
the
course
of
his
January
9, 2009
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
5/21 (p)(1)
(2006).
(2)
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,
fora total
of
Three
Thousand
Dollars
($3,000.00).
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
ArriI
15,
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
2
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 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, 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.
Lie
/f)
,
\
Date:
2fzL1
DouP. Scott,
Dictor
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
fEE’
2
7
2Uq
ILLINOIS
ENVIRONMENTAL
)
J-LJNOis
PROTECTION
AGENCY,
)
8
oard
Complainant,
)
Ad
)
V.
))
(IEPA
No. 15-09-AC)
INFO
CORNER
MATERIALS,
INC.
)
Respondent.
FACILITY:
Springfield
Township/Info
Corner
Materials,
Inc.
SITE
CODE
NO.: 1678220075
COUNTY:
Sangamon
CIVIL
PENALlY:
$3,000.00
DATE
OF
INSPECTION:
January
9, 2009
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
Seivices,
P.O.
Box
19276, Springfield,
Illinois
62794-9276.
5

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