ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
ORDER
IT IS SO ORDERED.

ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

MARTY D. & PEGGY J. LEIGH,

(IEPA No. 117-09-AC)

(Administrative Citation)

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

On June 10, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an

administrative citation against Marty D. and Peggy J. Leigh (respondents).

5/31.1(c) (2008); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation

concerns respondents’ residential property located at 409 East Second Street in Sailor Springs,

Clay County. The property is commonly known to the Agency as the “Sailor Springs/Leigh,

Marty D. & Peggy J.” site and is designated with Site Code No. 0250250001. For the reasons

below, the Board finds that respondents violated the Environmental Protection Act (Act)

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 May 4, 2009, respondents violated Sections

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

open dumping of waste in a manner resulting in litter and the proliferation of disease vectors.

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) (2008);

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

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.

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 17, 2009. Respondents

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

21(p)(1) and (p)(5) 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 are two violations of Section 21(p) and there is no

indication in the record that either of these are 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 below.

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

The Board finds that respondents Marty D. and Peggy J. Leigh violated Sections

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

(p)(5) (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 violations

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

ILLINOIS POLLUTION

PROTECTION AGENCY,

(IEPA No. 117-09-AC)

D. LEIGH and PEGGYJ.

Citation is issued

to the authority vested

Environmental Protection

by Section 31.1

Illinois Environmental

Leigh and PeggyJ.

(“Respondents”)

at 409 East Second

Sailor Springs, Clay

the Illinois Environmental

Agency as Sailor

That said facility is

operating without

Protection Agency Operating

and is designated Ath

No. 0250250001.

That Respondents

at all times pertinent

May 4, 2009, Garrison

of the Illinois

(“Illinois EPA”) Marion

Regional Office

the above-described

forth the results

of said inspection

is attached hereto

sent this Administrative

upon direct observations

2009 inspection of the

facility, the Illinois

Protection Agency

that Respondents

the Illinois Environmental

That Respondents

resulting in litter,

of the Act, 415 ILCS

Respondents caused

proliferation of disease

violation of Section

5/2fl)(5)(2006).

ILCS 5/42(b)(4-5) (2006),

to a civil penalty

of One Thousand

fora total of Three Thousand

Illinois Pollution

civil penalty specified

no later than July

unless otherwise provided

Pollution Control

elect to contest

this Administiative

the Illinois Pollution

accordance with Section 31.1 of the

and if the Illinois Pollution

Control Board issues a finding of violation

as alleged herein,

an adjudicatory hearing,

Respondents shall be assessed the

associated hearing costs

Environmental Protection

Agency and the Illinois Pollution Control Board.

be assessed in addition to the One Thousand Five

Hundred Dollar ($1,500.00)

penalty for each violation.

Section 31.1 (d)(1) of the Act, 415 ILCS

5/31.1 (d)(1) (2006), if Respondents

or elect not to petition the Illinois Pollution

Control Board for review of this

Citation within thirty-five (35)

date of service, the Illinois Pollution

adopt a final order, which shall include

Administrative Citation and findings

alleged herein, and shall impose the statutory

civil penalty specified above.

is made, Respondent’s

check shall be made payable to

Environmental Protection Trust Fund and mailed to

the attention of Fiscal Services,

Environmental Protection

Agency, 1021 North Grand Avenue

East, P.O. Box 19276,

Illinois 62794-9276. Along with

payment, Respondents shall complete

Remittance Form to ensure proper

If any civil penalty and/or

hearing costs are not paid within the time prescribed

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

Illinois Attorney General may

requested to initiate

against Respondents in Circuit Court to collect

said penalty and/or hearing costs,

plus any interest

Respondents have

Administrative Citation

with Section 31.1

(2006). If Respondents

this Administrative

then Respondents

for Review, including

Notice of Filing,

of Service, and Notice

Pollution Control

Board, State of Illinois

100 West Randolph,

60601. A copy of said

with the Illinois

Division of Legal

Counsel at 1021

Avenue East, P.O. Box

Illinois 62794-9276.

of the Act provides

that any Petition

date of service

a default judgment against

the Respondents.

Illinois Environmental

Protection Agency

Susan E. Konzelmann,

of Legal Counsel

Environmental Protection

Springfield, Illinois

(IEPA No. 117-09-AC)

and PEGGYJ. LEIGH,

Sailor Springs/Leigh, Marty D.

DATE OF INSPECTION:

SSIFEIN NUMBER:

Please enter the date of your remittance,

your Social Security number

Federal Employer Identification Number (FEIN)

if a corporation, and sign this Remittance

sure your check is enclosed and mail, along

with Remittance Form, to Illinois

Protection Agency, Attn.: Fiscal Services, P.O.

Box 19276, Springfield, Illinois