ILLINOIS POLLUTION CONTROL BOARD
September 3, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GEORGE R. FORD,
Respondent.
)
)
)
)
)
)
)
)
)
)
AC 09-12
(IEPA No. 154-08-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):
Today the Board accepts a proposed settlement and dismissal of this administrative
citation enforcement action. By way of background, complainant, the Illinois Environmental
Protection Agency (Agency), timely filed an administrative citation on August 25, 2008, against
George R. Ford (respondent). The Agency alleged that respondent violated Sections 21(p)(1),
(p)(3), and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), (p)(7)
(2008)), by causing or allowing the open dumping of waste resulting in litter, open burning, and
the deposition of general or clean construction or demolition debris. The violations allegedly
took place on July 9, 2008, at respondent’s property located at the Southeast Quarter of Section
Number Thirty-two (32) in Township Seven (7) North of the Base Line, Range Two (2) East of
the Fourth Principal Meridian, in the Town of Deerfield, Fulton County. The site is commonly
known to the Agency as “Ford Property” and is designated with Site Code No. 0578060001.
Respondent timely filed a petition to contest the administrative citation, which the Board
accepted on October 16, 2008. On August 26, 2009, the parties filed a “stipulation of settlement
and dismissal of respondent’s petition for administrative review.” Under the terms of the
settlement, respondent admits to violating Section 21(p)(3) of the Act by causing or allowing the
open dumping of waste resulting in open burning, and agrees to pay the statutory civil penalty of
$1,500 for this violation. Stipulation at 2. Respondent also agrees to the dismissal of its petition
contesting the administrative citation.
Id
. at 3. The stipulation further states that the waste that
was the subject of the administrative citation has been removed and properly disposed.
Id
. In
addition, the Agency agrees not to refer the violations that are the subject of the administrative
citation to the Office of the Illinois Attorney General or any other prosecuting authority to
initiate a civil enforcement action.
Id
.
The Board accepts the stipulation and proposal for settlement. Under Section 31.1(d) of
the Act (415 ILCS 5/31.1(d) (2006)), the Board therefore finds that respondent violated Section
21(p)(3) of the Act. Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2006)) establishes a
civil penalty of $1,500 for this violation. The Board accordingly assesses a civil penalty of
2
$1,500. To effectuate the parties’ intent that respondent pay a total civil penalty of $1,500, the
Board dismisses the alleged violations of Section 21(p)(1) and (p)(7) of the Act.
This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
The Board finds that respondent violated Section 21(p)(3) of the Environmental
Protection Act (415 ILCS 5/21(p)(3) (2008)) by causing or allowing the open
dumping of waste resulting in open burning.
3.
Respondent must pay a total civil penalty of $1,500 no later than October 5, 2009,
which is the first business day following the 30th day after the date of this order.
Payment must be made by certified check or money order, made payable to the
Illinois Environmental Protection Trust Fund. The case number, case name, and
respondent’s federal employer identification number must be included on the
certified check or money order.
4.
Respondent must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
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)).
6.
The Board dismisses the alleged violation of Sections 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2008)) and
respondent’s petition to contest the administrative citation.
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
3
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 September 3, 2009, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
ECVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
A*
2
52008
ADMINISTRATIVE
CITATION
STATE
OF
ILLINOiS
P0lIUti
Control
8
oard
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
U
V.
)
(IEPA No.
154-08-AC)
GEORGER.
FORD,
)
Respondent.
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
George
R. Ford
(“Respondent”)
is the
present
owner
and
operator
of
a facility
located
at The
Southeast
Quarter
of
Section
Number
Thirty-two
(32)
in
Township
Seven
(7) North
of
the
Base Line,
Range
Two
(2)
East
of
the Fourth
Principal
Meridan
, in the
Town
of
Deerfield,
Fulton
County,
Illinois.
The property
is
commonly
known
to the
Illinois
Environmental
Protection
Agency
as
Ford
Property.
2.
That
said facility
is an open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
Ath Site
Code
No. 0578060001.
3.
That Respondent
has
owned
and
operated
said
facility
at
all times
pertinent
hereto.
4.
That
on July
9,
2008, Robert
J.
Wagner
of
the Illinois
Environmental
Protection
Agency’s
Peoria
Regional
Office
inspected
the above-described
facility.
A
copy of
his inspection
report
setting
forth
the
results
of said
inspection
is
attached
hereto
and
made
a part
hereof.
VIOLATIONS
Based
upon
direct
observations
made
by
Robert
J. Wagner
during
the
course
of
his
July
9,
2008
inspection
of the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondent
has 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
esulting
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 violation
of
Section
21 (p)(7)
of
the Act,
415
ILCS
5/21
(p)(7)
(2006).
CIVIL PENALTY
Pursuant
to Section
42(b)(4-5)
of
the
Act,
415 ILCS
5/42(b)(4-5)
(2006),
Respondent
is
subject
to
a
civil
penalty
of
One Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of the
violations
identified
above,
for
a
total
of Four
Thousand
Five Hundred
Dollars
($4,500.00).
If
Respondent
elects
not to
petition
the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
2
specified above
shall
be
due
and
payable
no
later
than
September
30,
2008,
unless
otherwise
provided
by
order
of the
Illinois
Pollution
Control
Board.
If Respondent
elects
to
contest
this
Administrative
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
and
the
Illinois
Pollution Control
Board.
Those
hearing
costs
shall
be
assessed
in
addition
to
the
One
Thousand
Five
Hundred
Dollar
($1,500.00) statutory
civil
penalty
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
statutory
civil
penalty
specified
above.
When
payment is made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
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.
If any
civil
penalty
and/or
hearing
costs
are
not
paid
within
the
time
prescribed
by
order
of
the
Illinois
Pollution
Control
Board,
interest
on
said
penalty
and/or
hearing
costs
shall
be
assessed
against
the
Respondent
from
the
date
payment
is
due
up
to
and
including
the
date
that
payment
is
received. The
Office
of
the
Illinois
Attorney
General
may
be
requested
to
initiate
proceedings
against Respondent
in
Circuit
Court
to
collect
said
penalty
and/or
hearing
costs,
plus
any
interest
accrued.
3
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent
has
the
right
to contest
this
Administrative
Citation
pursuant
to
and
in
accordance
with
Section
31.1
of
the
Act,
415
ILCS
5/31/1
(2006).
If Respondent
elects
to
contest
this
Administrative
Citation,
then
Respondent
shall
file
a
signed
Petition
for
Review,
including
a
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.
P
Date:
Io
Douglas
.
Scott,
Director
Illinois
Environmental
Protection
Agency
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
4
ECEVED
CLERK’S
OFFICE
AUG
252008
REMITTANCE
FORM
STATE
OF
lLLINOI
Pollution
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
ii’
V.
)
(IEPA No.
154-08-AC)
GEORGE
R.
FORD,
Respondent.
FACILITY:
Ford
Property
SITE
CODE
NO.:
05780600001
COUNTY:
Peoria
CIVIL
PENALlY:
$4,500.00
DATE
OF
INSPECTION:
July
9, 2008
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.
5
