1. ILLINOIS POLLUTION CONTROL BOARD
    2. This opinion constitutes the Board’s finding of fact and conclusions of law.
    3. ORDER
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ILLINOIS POLLUTION CONTROL BOARD
October 1, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GENE BREEDEN,
Respondent.
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AC 08-16
(IEPA No. 04-08-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):
For the reasons below, the Board accepts the proposed settlement and dismissal of this
administrative citation enforcement action. The Illinois Environmental Agency (Agency) timely
filed an administrative citation on February 1, 2008, against Gene Breeden (Breeden). The
Agency alleged that on January 11, 2008, Breeden violated Sections 21(p)(1), (p)(3), and (p)(7)
of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2008))
1
Breeden timely filed a petition to contest the administrative citation, which the Board
accepted on March 20, 2008. On September 16, 2009, the parties filed a “stipulation of
settlement and dismissal of respondent’s petition for administrative review.” Under its terms,
Breeden admits he violated Section 21(p)(7) of the Act (415 ILCS 5/21(p)(7) (2008)) by causing
or allowing the open dumping of waste in a manner resulting in the deposition of construction or
demolition debris, and agrees to pay the statutory civil penalty of $1,500 for this violation.
Stipulation at 2. Breeden also agrees to the dismissal of his 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
.
by causing or allowing the open
dumping of waste in a manner resulting in litter, open burning, and the deposition of general or
clean construction or demolition debris. The violations allegedly took place at Breeden’s
property located at 104 West Lincoln Street in Loda, Iroquois County. The property is
commonly known to the Agency as the “G & D Salvage” site and is designated with Site Code
No. 0750550001.
The Board accepts the stipulation and proposal for settlement. Under Section 31.1(d) of
the Act (415 ILCS 5/31.1(d) (2008)), the Board therefore finds that Breeden violated Section
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All citations to the Act are to the 2008 compiled statutes because the provisions at issue have
not been substantively amended in the 2008 compiled statutes.
 
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21(p)(7) of the Act (415 ILCS 5/21(p)(7) (2008)). Section 42(b)(4-5) of the Act (415 ILCS
5/42(b)(4-5) (2008)) establishes a civil penalty of $1,500 for this violation. The Board
accordingly assesses a civil penalty of $1,500. To effectuate the parties’ intent that Breeden pay
a total civil penalty of $1,500, the Board dismisses the alleged violations of Sections 21(p)(1)
and (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2008)).
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 Breeden violated Section 21(p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(7) (2008)).
3.
Breeden must pay a civil penalty of $1,500 no later than November 2, 2009,
which is the first business day following the 30th day after the date of this order.
Breeden must pay the civil penalty by certified check or money order, made
payable to the Environmental Protection Trust Fund. The case number, case
name, and Breeden’s social security number must be included on the certified
check or money order.
4.
Breeden 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)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2008)) and Breeden’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
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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 October 1, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
RECEIVED
CLERK'S OFFICE
FEB 01 2008
Pollution
STATE
OF
Control
ILLINOIS
Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
°RIG')INAL
AC
v.
?
(IEPA No. 4-08-AC)
GENE BREEDEN,
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 Gene Breeden("Respondent") is the present owner and operator of a facility
located at 104 West Lincoln Street, Loda, Iroquois County, Illinois. The property is commonly known
to the Illinois Environmental Protection Agency as G & D Salvage.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0750550001.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on January 11, 2008, Kenneth Keigley of the Illinois Environmental Protection
Agency's Champaign 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 Kenneth Keigley during the course of his January
11, 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
resulting in open burning, a violation of Section 21(p)(3) of the Act 415 ILCS
5/21(p)(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) (2002).
CIVIL PENALTY
On July 7, 2005 and May 17, 2007, the Board found Gene Breeden in violation of Section
21(p)(1) and Section 21(p)(3), of the Act in AC 05-71 and AC 07-51.
Because this Administrative Citation addresses a second or subsequent violation of Sections
21(p)(1) and 21(p)(3) of the Act, 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 Three Thousand Dollars ($3,000.00), for each
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violation and Respondent is subject to a civil penalty of One Thousand Five Hundred Dollars
($1,500), for the violation of Section 21(p)(7) of the Act, for a total of Seven Thousand Five Hundred
Dollars ($7,500.00). If Respondent elects not to petition the Illinois Pollution Control Board, the
statutory civil penalty specified above shall be due and payable no later than March 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
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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.
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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 I LCS 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.
Date:
5D) OS
Dougla P. 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
5
 
Complainant,
v.
ORIGINAL
0
%41r)
(IEPA No. 4-08-AC)
AC
REMITTANCE FORM
RECEIVED
CLERK'S OFFICE
FEB 01 2008
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
Pollution Control Board
PROTECTION AGENCY,
GENE BREEDEN,
Respondent.
FACILITY:
?
G&D Salvage
COUNTY:?
Iroquois
DATE OF INSPECTION:
?
January 11, 2008
SITE CODE NO.:
?
0750550001
CIVIL PENALTY:?
$7,500.00
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.
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