ILLINOIS POLLUTION CONTROL BOARD
July 23, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
BRIAN COLLINS,
Respondent.
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AC 09-42
(IEPA No. 64-09-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 6, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Brian Collins (respondent).
See
415 ILCS 5/31.1(c) (2006); 35 Ill.
Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a residential property
owned by James A. Jones and operated by respondent. The property is commonly known to the
Agency as the “West Frankfort/Collins-Jones” site, designated with Site Code No. 0550705066,
and located at 102 W. Lindell in West Frankfort, Franklin County. For the reasons below, the
Board finds that respondent violated the Environmental Protection Act (Act) (415 ILCS 5
(2006)) and orders respondent to pay $4,500 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 respondent violated Sections 21(p)(1), (p)(3), and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(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 or demolition debris. The Agency asks the Board to impose a $4,500 civil
penalty on respondent. As required, the Agency served the administrative citation on respondent
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 June 5, 2009. Respondent failed
2
to timely file a petition. Accordingly, the Board finds that respondent violated Sections 21(p)(1),
(p)(3), 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 three violations of Section 21(p) and no
indication in the record that any of these are second or subsequent adjudicated violations, the
total civil penalty is $4,500. 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 respondent violated Sections 21(p)(1), (p)(3), and (p)(7) of
the Act.
2.
Respondent must pay a civil penalty of $4,500 no later than August 24, 2009,
which is the first business day following the 30th day after the date of this order.
Respondent 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 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 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
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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 July 23, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
Complainant,
)
AC
C4
V.
)
(IEPA
No.
64-09-AC)
BRIAN
COLLINS,
)
I\Ib!f’IA
Respondent.
)
‘
I
V/—
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
Brian
Collins
is
the
current
operator
(“Respondent”)
of
a
facility
located
at
102
W.
Lindell,
West
Frankfort,
FranklinCounty,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
West
Frankfort/Collins-Jones.
2.
Thatsaid
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
with
Site
Code
No.
0550705066.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent
hereto.
4.
That
on
March
31,
2009,
Maggie
Stevenson
of
the
Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Marion
Regional
Office
inspected
the
above-described
facility.
A
copy
of
her
inspection
report
setting
forth
the
results
of
said
inspection
is
attached
hereto
and
made
a
part
hereof.
Based
upon
direct
observations
made
by
Maggie
Stevenson
during
the
course
of
her
March
31,
2009
inspection
of
the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondenthas
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
iesulting
in
open
burning,
a
violation
of
Section
21(p)(3)
of
the
Act,
415
ILCS
5/21
)(3)(2006).
(3)
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
violationof
Section
21
(p)(7)
of
the
Act,
415
ILCS
5/21(p)(7)
(2006).
2
Respondent
elects
not
to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
June
15,
2009,
unless
otherwise
provided
by
order
of
the
Illinois
Pollution
Control
Board.
If
Respondent
elects
to
contest
thisAdministrative
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,
Respondent
shall
be
assessed
the
associated
hearing
costs
incurred
by
the
Illinois
Environmental
Protection
Agency
andthe
Illinois
Pollution
Control
Board.
Those
hearing
costs
shall
be
assessed
in
addition
to
theOne
Thousand
Five
Hundred
Dollar
($1,500.00)
statutory
civil
pehalty
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
elects
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
statutoiy
civil
penalty
specified
above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
ProtectionTrust
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.
3
against
Respondent
in
Circuit
Court
to
collect
said
penalty
and/or
hearing
costs,
plus
any
interest
accrued.
4
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.
Date:
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
5
)
(IEPA
No.
64-09-AC)
BRIAN
COLLINS,
)
/1’’
Respondent.
FACILITY:
West
FrankfortlCollins-Jones
SITE
CODE
NO.:
0550705066
COUNTY:
Franklin
CIVIL
PENALTY:
$4,500.00
DATE
OF
INSPECTION:
March
31,
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
Services,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
6
