ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
ORDER
IT IS SO ORDERED.

ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY ,

SPRINGFIELD IRON & METAL CO., INC.

and RUSSELL & EVELYN WELLER,

(IEPA No. 105-09-AC)

(Administrative Citation)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On June 5, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an

administrative citation against Springfield Iron & Metal Co., Inc. (SIMCO) and Russell and

Evelyn Weller (collectively, respondents).

415 ILCS 5/31.1(c) (2008); 35 Ill. Adm. Code

101.300(b), 108.202(c). The administrative citation concerns a disposal facility owned by

Russell and Evelyn Weller and operated by SIMCO, located at 930 Wolfe Street in Springfield,

Sangamon County. The property is commonly known to the Agency as the

“Springfield/Springfield Iron & Metal Company” site and is designated with Site Code No.

1671205737. For the reasons below, the Board finds that respondents violated the

Environmental Protection Act (Act)

(415 ILCS 5 (2008)) and orders respondents to pay $3,000

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

415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4), (4-5) (2008); 35 Ill.

In this case, the Agency alleges that on April 23, 2009, respondents violated Section

21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2008)) by causing or allowing the open dumping of

waste in a manner resulting in litter. The Agency asks the Board to impose the statutory $3,000

civil penalty on respondents. As required, the Agency served the administrative citation on

respondents within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b)

35 Ill. Adm. Code 101.300(c), 108.202(b).

All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has

been substantively amended in the 2008 compiled statutes.

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 violation alleged and impose the

corresponding civil penalty.

415 ILCS 31.1(d)(1) (2008); 35 Ill. Adm. Code 101.300(b),

108.204(b), 108.406. Here, any petition for review was due by July 10, 2009. Respondents

failed to timely file a petition. Accordingly, the Board finds that respondents violated Section

21(p)(1) 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.

415 ILCS 5/42(b)(4-5) (2008);

35 Ill. Adm. Code 108.500(a). Because there is one violation of Section 21(p) and this violation

is a second or subsequent adjudicated violation, the total civil penalty is $3,000. Under Section

31.1(d)(1) of the Act, the Board attaches the administrative citation and makes it part of the order

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

The Board finds that respondents Springfield Iron & Metal Co., Inc. and Russell

and Evelyn Weller violated Section 21(p)(1) of the Environmental Protection Act

(415 ILCS 5/21(p)(1) (2008)).

Respondents must pay a civil penalty of $3,000 no later than August 24, 2009,

which is the first business day following the 30th day after the date of this order.

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 number or federal employer

identification number must be included on the certified check or money order.

Respondents must send the certified check or money order and the remittance

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

Payment of this penalty does not prevent future prosecution if the violation

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) (2008);

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

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 July 23, 2009, by a vote of 5-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

POLLUTION CONTROL

IRON & METAL CO.,

Administrative Citation

pursuant to the

authority vested

Environmental Protection

Illinois Environmental

& Evelyn Weller are

owners and Springfield

Inc. is the permitted

(collectively “Respondents”)

facility located at

Street, Springfield,

County, Illinois.

Environmental Protection

as Springfield/Springfield

said facility is an

operating without

Agency Operating

is designated with Site

and operated said

times pertinent

23, 2009, Richard

the Illinois Environmental

Agency’s (“Illinois

EPA”) Springfield

the above-described

forth the results

“k7U07302gec6z 32(43.9

of the above-named

that Respondents

That Respondents

penalty of Three

not to petition

specified above

of the Illinois

elect to contest

if the Illinois

Control Board issues

alleged herein,

after an adjudicatory

Protection Agency

the Illinois Pollution

hearing costs shall

addition to the One

statutory civil penalty

31.1 (d)(1) of the

or elect not to petition

Illinois Pollution

Board for review of

Citation within thirty-five

of service, the Illinois

final order, which

and findings of violation

alleged herein,

and shall impose

civil penalty specified

be made payable

of Fiscal Services,

Environmental Protection

1021 North Grand

62794-9276. Along

shall complete and

Remittance Form

to ensure proper

If any civil penalty

costs are not paid

Illinois Pollution

said penalty and/or

against the Respondent

The Office of the

against Respondents

Court to collect said

CONTESTING THIS

this Administrative

Citation pursuant to

with Section 31.1

of the Act, 415

(2006). If Respondents

elect to contest

this Administrative

a signed Petition for

Review, including

Notice of Filing,

Service, and Notice

Illinois Center, 100 West

Suite 11-500, Chicago,

A copy of said Petition

the Illinois Environmental

Agency’s Division

Counsel at 1021 North

for Review shall

or the Illinois

shall enter a default

against the Respondent.

Illinois Environmental

Legal Assistant

Protection Agency

North Grand Avenue

Illinois 62794-9276

and RUSSELL & EVELYN

Springfield/Springfield

DATE OF INSPECTION:

SS/FEIN NUMBER:

of your remittance,

Security number

Employer Identification

and sign this Remittance

your check is enclosed

and mail, along

with Remittance

Form, to Illinois

Agency, Attn.: Fiscal

Box 19276, Springfield,