ILLINOIS POLLUTION CONTROL BOARD

August 6, 2009

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Complainant,

v.

BOBBY G. MYERS and DONALD D.

MYERS,

Respondents.

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AC 07-30

(IEPA No. 375-06-AC)

(Administrative Citation)

MICHELLE M. RYAN APPEARED ON BEHALF OF THE ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY; and

H. WESLEY WILKINS APPEARED ON BEHALF OF THE RESPONDENTS.

OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):

On May 21, 2009, the Board issued an interim opinion and order, finding that Bobby G.

Myers and Donald D. Myers violated Section 21(p)(1) and (3) of the Environmental Protection

Act (Act) (415 ILCS 5/21(p)(1) and (3) (2008))

1

at a site located at 3050 Mt. Glen Road, rural

Cobden, Union County. The December 5, 2006 violations were alleged in an administrative

citation issued by the Illinois Environmental Protection Agency (Agency). The site is known to

the Agency as the “Cobden/Myers” site and is designated with Site Code No. 1818515003.

In the May 21, 2009 decision, after the Board found that respondents had violated the

Act, the Board held that under Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2008)), the

respondents were subject to the statutorily-fixed $3,000 civil penalty. In addition, the Board held

that the respondents, by unsuccessfully contesting the administrative citation at hearing, also

must pay the hearing costs of the Agency and the Board. The hearing in this case was held on

December 4, 2009, at the Union County Courthouse in Jonesboro.

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

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

supported by affidavit, by June 22, 2009, and to serve the filing on the respondents. The Board

also gave the respondents 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.

1

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.

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2

The Board did not receive the Agency’s statement of hearing costs by June 22, 2009, so

the Board will not assess hearing costs on behalf of the Agency. See 35 Ill. Adm. Code 108.502.

On May 28, 2009, the Clerk of the Board submitted an affidavit of the Board’s hearing costs

totaling $266.78, the entirety of which reflects the costs of court reporting. The Clerk served this

documentation on the respondents, which did not respond to either the statement of the Board’s

hearing costs or the Clerk’s affidavit.

See

35 Ill. Adm. Code 108.502-108.506.

The Board finds the hearing costs reasonable and below orders the respondents to pay

those costs under Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2008)). The Board

incorporates by reference the findings of fact and conclusions of law from its May 21, 2009

interim opinion and order. Under Section 31.1(d)(2) of the Act (415 ILCS 5/31.1(d)(2) (2008)),

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 the respondents violated Sections 21(p)(1) and (3) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(3) (2008)).

2.

The Board assesses the statutory civil penalty of $3,000 for the violation, as well

as hearing costs totaling $266.78, for a total amount due of $3,266.78. The

respondents must pay $3,266.78 no later than Monday, September 21, 2009,

which is the first business day following the 45th day after the date of this order.

The 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

respondents’ social security number or federal employer identification number

must be included on the certified check or money order.

3.

The respondents 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 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)

(2008)).

5.

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

continues.

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3

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);

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 August 6, 2009 by a vote of 5-0.

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John T. Therriault, Assistant Clerk

Illinois Pollution Control Board