ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
ORDER
IT IS SO ORDERED.

ILLINOIS POLLUTION CONTROL BOARD

September 3, 2009

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

JESS SPRADLIN, D/B/A SPRADLIN

MOBILE HOME SALES, and DREWNARD

WOODS and KRIS WARREN D/B/A W&W

(IEPA No. 136-09-AC)

(Administrative Citation)

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

On July 13, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an

administrative citation against Jess Spradlin d/b/a Spradlin Mobile Home Sales (Spradlin) and

Drewnard Woods and Kris Warren d/b/a W&W Auto Service (W&W) (collectively,

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

administrative citation concerns a property owned by Spradlin and operated by Spradlin and

W&W located at 1709 South Dirksen Parkway in Springfield, Sangamon County. The property

is commonly known to the Agency as the “Springfield/W&W” site and is designated with Site

Code No. 1671205263. For the reasons below, the Board finds that respondents violated the

Environmental Protection Act (Act)

(415 ILCS 5 (2008)) and orders respondents to pay $1,500

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

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 20, 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 $1,500

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 because the provisions at issue

have not 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 from Spradlin and W&W was due by August

13, 2009, and August 18, 2009, respectively. 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 no indication

in the record that this is a second or subsequent adjudicated violation, the total civil penalty is

$1,500. 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.

The Board finds that Jess Spradlin d/b/a Spradlin Mobile Home Sales and

Drewnard Woods and Kris Warren d/b/a W&W Auto Service (collectively,

respondents) violated Section 21(p)(1) of the Environmental Protection Act (415

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

Respondents must pay a 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.

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 September 3, 2009, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

PROTECTION AGENCY,

This Administrative

Citation is issued

Protection Agency

of the Illinois

Environmental Protection

ILCS 5/31.1 (2006).

Jess Spradlin dba

and Drewnard Woods

W&W Auto Service

are the current

owners and operators

(“Respondents”)

located at 1709

South Dirksen Parkway,

County, Illinois.

Illinois Environmental

Agency as Springfield/W&W

That said facility

Agency Operating

designated with

Site Code No. 1671205263.

That Respondents

said facility at all times

That on May 20,

of the Illinois Environmental

Office inspected

above-described

inspection report setting

forth the results

of said inspection

hereto and made

this Administrative

observations made

by Jan Mier during

the course of her

the above-named facility,

Environmental Protection

that Respondents have

violated the Illinois

caused or allowed

litter, a violation of

of the Act, 415 ILCS

to Section 42(b)(4-5) of

ILCS 5142(b)(4-5)

(2006), Respondents

to a civil penalty

of One Thousand Five

violations identified

above, for a total

Dollars ($1,500.00).

Respondents elect not

to petition the Illinois

Control Board, the statutory

above shall be due and

payable no later than

2009, unless otherwise

order of the Illinois

Pollution Control

If Respondents elect

Board in accordance

with Section 31.1

and if the Illinois

a finding of violation

herein, after an adjudicatory

associated hearing

by the Illinois

Illinois Pollution

the One Thousand Five

Dollar ($1,500.00)

statutory civil penalty

to Section 31.1

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

or elect not to petition

Citation within thirty-five

of the date of service,

Pollution Control

adopt a final order,

which shall include

and findings of violation

herein, and shall impose

made, Respondent’s

Protection Trust Fund

to the attention

Agency, 1021 North

payment, Respondents

proper documentation

civil penalty and/or

hearing costs are

the time prescribed

Illinois Pollution Control

Board, interest

on said penalty

Respondents from

the date payment is

due up to and including

received. The Office

of the Illinois Attorney

may be requested

against Respondents

Court to collect said

hearing costs, plus

CONTESTING THIS

the right to contest

this Administrative

accordance with

5/3 1/1 (2006).

this Administrative

Citation, then Respondents

Petition for Review,

Notice of Filing, Certificate

State of Illinois Center,

1 1-500, Chicago,

A copy of said Petition

the Illinois Environmental

Agency’s Division

at 1021 North Grand

62794-9276. Section

Act provides that

any Petition for Review

date of service of this

Control Board shall enter

judgment against the

. Scott, Dictor

Environmental Protection

E. Konzelmann, Legal

I llnois Environmental

Illinois 62794-9276

REMITTANCE FORM

SPRADLIN MOBILE

SpringfieldlW&W

DATE OF INSPECTION:

Please enter the

number (SS) if an

Federal Employer Identification

corporation, and sign

this Remittance

sure your check

is enclosed and mail,

Remittance Form, to

Protection Agency, Attn.:

Fiscal Services, P.O.

Springfield, Illinois