ILLINOIS POLLUTION CONTROL BOARD
May 21, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
QUINN and GLENNA HUNLEY,
Respondent.
)
)
)
)
)
)
)
)
)
)
AC 09-24
(IEPA No. 317-08-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On November 24, 2008, complainant, the Illinois Environmental Protection Agency
(Agency), timely filed an administrative citation against respondents, Quinn and Glenna Hunley
(respondents).
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The
administrative citation concerns a property allegedly owned and operated by respondents, located
at 2136 North Illinois Route 130 in rural West Salem, Edwards County, designated with Site
Code No. 0478570005, and commonly known to the Agency as “West Salem/Hunley, Quinn &
Glenna.” For the reasons below, the Board grants respondents’ motion to withdraw their
amended petition, finds that respondents violated the Environmental Protection Act (Act) (415
ILCS 5 (2006)), and imposes the statutory civil penalty of $1,500.
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 respondents 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. The Agency asks the Board to impose a $1,500 civil penalty on respondents
for the alleged violation. As required, the Agency served the administrative citation within “60
days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);
see also
35 Ill. Adm.
Code 108.202(b). On February 19, 2009, the Board accepted for hearing respondent’s amended
petition to contest the administrative citation.
See
415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code
101.300(b)(2), 108.204(b). The case has not yet been to hearing.
On May 14, 2009, respondents filed a motion to withdraw their amended petition to
contest.
See
35 Ill. Adm. Code 108.208. The Board grants the motion and dismisses the
amended petition. The administrative citation is therefore “non-contested” (35 Ill. Adm. Code
108.406) and the Board must find that respondents committed the violation alleged and impose
2
the corresponding civil penalty (415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 108.500(a)).
See
IEPA v. Lester Smith, AC 05-2 (Oct. 6, 2005) (finding violations and imposing statutory
civil penalty after respondent’s withdrawal of petition). Accordingly, the Board finds that
respondents violated Section 21(p)(1) of the Act.
The civil penalty for violating any provision of Section 21(p) is $1,500 for each violation,
except that the penalty increases to $3,000 for each second or subsequent adjudicated violation
of that provision.
See
415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a)(2). Because
there is one violation of Section 21(p) and nothing in this record suggests that this is a second or
subsequent adjudicated violation, the civil penalty is $1,500. Respondents’ motion to withdraw
states that on April 29, 2009, counsel for respondents forwarded to the Agency “a cashiers check
payable to Illinois Environmental Protection Trust Fund in the amount of One Thousand Five
Hundred and no/100 Dollars ($1500.00).” Motion at 1. Accordingly, as provided in the order
below, respondents are not required to pay the $1,500 civil penalty if it has already been paid.
See
IEPA v. Olen G. Parkhill, AC 00-16 (Feb. 3, 2000) (after withdrawal of petition by
respondent and representations that the penalty had been paid, the Board ordered respondent to
pay the civil penalty “unless the penalty has already been paid.”). 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 grants respondents’ motion to withdraw and dismisses their amended
petition to contest the administrative citation.
2.
The Board finds that respondents violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2006)).
3.
Unless the civil penalty has already been paid, respondents must pay a civil
penalty of $1,500 no later than June 22, 2009, which is the first business day
following the 30th day after the date of this order.
a.
Respondents 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 respondents’ social security numbers must
be included on the certified check or money order.
b.
Respondents must send the certified check or money order and the
remittance form to:
3
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 the civil penalty does not prevent future prosecution if the violation
continues.
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 May 21, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
CLERj(s
NOv
2
ADMINISTRATIVE
CITATION
OO8
pi
OLJo
ILLINOIS ENVIRONMENTAL
)
BOarcj
PROTECTION
AGENCY,
)
Complainant,
)
AC
‘
V.
)
(IEPA
No.
317-08-AC)
QUINN
&
GLENNA
HUNLEY,
)
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
Quinn
& Glenna
Hunley are
the
current
owners and
operators
(“Respondents”)
of a
facility located
at
2136
North
Illinois Route
130, in rural
West
Salem,
Edwards
County,
Illinois.
The
property is
commonly
known to
the Illinois
Environmental
Protection
Agency
as
West
Salem/Hunley,
Quinn
&
Glenna.
2.
That said
facility is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is designated
with
Site Code
No. 0478570005.
3.
That
Respondents
have owned
and operated
said
facility
at
all times pertinent
hereto.
4.
That on
October 1,
2008,
Garrison
Gross of
the
Illinois Environmental
Protection
Agency’s
(“Illinois
EPA”)
Marion
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.
5.
That
on
I
(
— 2-a
-
, Illinois
EPA sent
this
Administrative
Citation
via
Certified
Mail
No.
7o7
-ac’
c,o’c
,-,
ç
VIOLATIONS
Based
upon
direct
observations
made
by Garrison
Gross
during
the
course
of his October
1,
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)(l)
(2006).
CIVIL
PENALTY
Pursuant
to Section
42(b)(4-5)
of the
Act, 415
ILCS
5142(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
One
Thousand
Dollars
($1,500.00).
If Respondents
elect
not to petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil penalty
specified
above
shall
be
due
and payable
no
laterthan
December
30,
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
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
2
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)(l)
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,
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.
Douglas
. Scott,
Director
Date:
l’
(zo
lo
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
ERcs
OFFICE
REMITTANCE
FORM
NOV
24
200s
STATE
OP
ILLINOIS
PROTECTION
ILLINOIS
ENVIRONMENTALAGENCY,
)
)
POUUtIOn
Control
Board
Complainant,
)
AC
0q
V.
)
(IEPA No.
317-08-AC)
QUINN
&
GLEN
NA
HUNLEY,
)
)
Respondents.
FACILITY:
West
Salem/Hunley,
Quinn
&
Glenna
SITE
CODE
NO.:
0478570005
COUNTY:
Edwards
CIVIL
PENALTY:
$1,500.00
DATE OF
INSPECTION:
October
1, 2008
DATE
REMITTED:
55/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
