ILLINOIS POLLUTION CONTROL BOARD

June 4, 2009

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

MARK GATES,

Respondent.

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AC 06-50

(IEPA No. 98-06-AC)

(Administrative Citation)

MICHELLE M. RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF COMPLAINANT; and

MARK GATES, RESPONDENT, APPEARED

PRO SE

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OPINION AND ORDER OF THE BOARD (by T.E. Johnson):

Having received documentation of hearing costs in this administrative citation

enforcement action, the Board today issues its final opinion and order. On April 2, 2009, the

Board issued an interim opinion and order, finding that Mark Gates (respondent) violated

Sections 21(p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1),

(p)(7) (2006)) at a site located in the West 1/2 of the Southwest 1/4 of Section 8 in Township 21

North and Range 2 West of the 3rd Principal Meridian in Logan County. The violations were

alleged in an administrative citation issued by the Illinois Environmental Protection Agency

(Agency). The site is known to the Agency as “Lincoln/Lewis” and is designated with Site Code

No. 1078075001.

In its April 2, 2009 decision, after the Board found the two violations, the Board held that

under Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2006)), respondent was subject to

the statutorily-fixed civil penalty of $1,500 per violation, for a total civil penalty of $3,000. In

addition, the Board held that respondent, by unsuccessfully contesting the administrative citation

at hearing, also must pay the hearing costs of the Agency and the Board. The hearing was held

on January 23, 2008, at the Logan County Courthouse in Lincoln.

Because no information on hearing costs was in the record, the Board directed the

Agency and the Clerk of the Board each to file documentation of the respective hearing costs,

supported by affidavit, and to serve the filing on respondent. The Board also gave respondent an

opportunity to respond to the requests for hearing costs and noted that after the time periods for

these filings had expired, the Board would issue a final opinion and order assessing the civil

penalty and any appropriate hearing costs.

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On April 10, 2009, the Board received the Agency’s statement of hearing costs,

supported by affidavit, which the Agency served on respondent. The Agency’s hearing costs

total $62.16, consisting of mileage and clerical costs. On April 8, 2009, the Clerk of the Board

submitted an affidavit of the Board’s hearing costs totaling $255.75, the entirety of which

reflects the costs of court reporting. The Clerk served this documentation on respondent, who

did not respond to either the Agency’s statement of hearing costs or the Clerk’s affidavit.

The Board finds the hearing costs of the Agency and the Board reasonable and below

orders respondent to pay those costs under Section 42(b)(4-5) of the Act. The Board

incorporates by reference the findings of fact and conclusions of law from its April 2, 2009

interim opinion and order. Under Section 31.1(d)(2) of the Act (415 ILCS 5/31.1(d)(2) (2006)),

the Board attaches the administrative citation and makes it part of the Board’s final order.

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

ORDER

1.

The Board finds that respondent violated Sections 21(p)(1) and (p)(7) of the Act

(415 ILCS 5/21(p)(1), (p)(7) (2006))

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2.

The Board assesses the statutory civil penalty of $3,000 for the two violations, as

well as hearing costs totaling $317.91, for a total amount due of $3,317.91.

Respondent must pay $3,317.91 no later than July 21, 2009, which is the 45th day

after the date of this order. Respondent must pay this amount by certified check

or money order, made payable to the Illinois Environmental Protection Trust

Fund. The case number, case name, and respondent’s social security 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

Attn.: Fiscal Services

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 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.

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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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on June 4, 2009, by a vote of 5-0.

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John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

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