ILLINOIS POLLUTION CONTROL BOARD
    May 7, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    DONALD SAPP,
    Respondent.
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    AC 09-39
    (IEPA No. 18-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On, March 12, 2009, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation (AC) against Donald Sapp.
    See
    415 ILCS 5/31.1(c) (2006); 35 Ill.
    Adm. Code 101.300(b), 108.202(c). The administrative citation concerns Mr. Sapp’s disposal
    site located at 29321 Dutch Creek Road, Rockport, Pike County, and is known to the Agency as
    Rockport/Sapp. For the reasons below, the Board accepts Mr. Sapp’s petition to contest the AC
    as timely filed, but directs him to file an amended petition by June 9, 2009, with greater
    specificity as to why the AC was improperly issued.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), an AC 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 Mr. Sapp violated Section 21(p)(1) of the Act (415
    ILCS 5/21(p)(1) (2006)) by causing or allowing the open dumping of waste in a manner resulting
    in litter at his Pike County site. The Agency asks the Board to impose a $1,500.00 civil penalty
    on Mr. Sapp.
    As required, the Agency served the AC on Mr. Sapp 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). Any petition to contest the AC was due by April 15, 2009. On April 17, 2009, Mr.
    Sapp timely filed a petition to contest the AC. The petition was timely filed because it was
    postmarked on or before the filing deadline.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code
    101.300(b), 108.204(b). However, in his petition Mr. Sapp does not allege any reason why the
    AC was improperly issued with respect to Section 108.206 of the Board’s Procedural Rules.
    See
    35 Ill. Adm. Code 108.206. Therefore, the Board directs Mr. Sapp to file an amended petition to
    contest the AC detailing the reasons why he believes the AC was improperly issued. If an
    2
    amended petition is not filed by June 8, 2009, the Board will dismiss the petition and enter an
    order finding that Mr. Sapp violated the Act as alleged in the AC.
    By contesting the administrative citation, Mr. Sapp may have to pay the hearing costs of
    the Board and the Agency.
    See
    415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500. A
    schedule of the Board’s hearing costs is available from the Clerk of the Board and on the Board’s
    Web site at www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 108.504.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on May 7, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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