ILLINOIS POLLUTION CONTROL BOARD
October 1, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GORDON INVESTMENT GROUP, LLC,
Respondent.
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)
)
)
)
)
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AC 09-44
(IEPA No. 80-09-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by S.D. Lin):
For the reasons below, the Board accepts the proposed settlement and dismissal of this
administrative citation enforcement action. The Illinois Environmental Protection Agency
(Agency) timely filed an administrative citation on May 11, 2009, against Gordon Investment
Group, LLC (Gordon). The Agency alleged that on March 26, 2009, Gordon violated Sections
21(p)(1), 21(p)(3), and 21(p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1),
(p)(3), (p)(7) (2008))
1
Gordon timely filed a petition to contest the administrative citation, which the Board
accepted on June 18, 2009. On September 17, 2009, the parties filed a “stipulation of settlement
and dismissal of respondent’s petition for administrative review.” Under its terms, Gordon
admits it violated Section 21(p)(3) of the Act (415 ILCS 5/21(p)(3) (2008)) by causing or
allowing the open dumping of waste in a manner resulting in open burning, and agrees to pay the
statutory civil penalty of $1,500 for this violation. Stipulation at 2. Gordon 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
.
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 Gordon’s mobile home park located at 601 E. Osborn
Street in Bushnell, McDonough County. The property is commonly known to the Agency as
“Country Gardens Mobile Home Park” and is designated with Site Code No. 1090155029.
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 Gordon violated Section
21(p)(3) of the Act (415 ILCS 5/21(p)(3) (2008)). Section 42(b)(4-5) of the Act (415 ILCS
1
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.
2
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 Gordon pay a
total civil penalty of $1,500, the Board dismisses the alleged violations of Sections 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (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 Gordon violated Section 21(p)(3) of the Environmental
Protection Act (415 ILCS 5/21(p)(3) (2008)).
3.
Gordon 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.
Gordon Investment Group, LLC 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 Gordon’s federal employer identification
number must be included on the certified check or money order.
4.
Gordon 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 violations of Sections 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2008)) and Gordon’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
3
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
RECEVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
uv
MriT
i
i
nnq
ADMINISTRATIVE
CITATION
STATE
OF
ILUNO1S
Pollution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No. 80-09-AC)
)
GORDON INVESTMENT
GROUP,
LLC,
)
Respondents.
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
Gordon Investment
Group,
LLC is the present
owner
(“Respondents”)
of a
facility
located at 601 E.
Osborn Street,
Bushnell,
McDonough County,
Illinois.
The
property
is
commonly known
to
the Illinois
Environmental Protection
Agency
as Country Gardens
Mobile
Home
Park.
2.
That
said
facility is
an
open
dump operating
without
an Illinois
Environmental
Protection
Agency Operating Permit
and is
designated with
Site Code No. 1090155029.
3.
That
Respondent’s
have owned said
facility at all
times pertinent
hereto.
4.
That
on March 26,
2009, 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.
5.
That on —
‘
O ,Illinois
EPA
sent
this Administrative
Citation via
Certified
Mail
No. 7Oo’
OOO
3(
4
i3
VI
OLATIONS
Based
upon direct
observations
made by Robert
J. Wagner during
the
course of
his
March
26, 2009 inspection
of the
above-named
facility, the Illinois
Environmental
Protection
Agency
has
determined
that
Respondent’s
have violated the
Illinois
Environmental
Protection
Act
(hereinafter,
the “Act”)
as
follows:
(1)
That Respondent’s
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 5121(p)(l)
(2006).
(2)
That Respondent’s
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’s
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’s
are
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’s
elect
not
to petition the Illinois
Pollution
Control
Board,
the statutory
civil
penalty
2
specified above
shall
be due
and payable
no
later
than June 15,2009,
unless
otherwise
provided
by
order of the Illinois
Pollution Control
Board.
If
Respondent’s
elect 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’s
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’s
fail
to petition
or elect 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’s
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’s
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’s
in Circuit Court to
collect said
penalty and/or
hearing costs,
plus any
interest
accrued.
3
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent’s
have 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’s
elect
to
contest
this
Administrative
Citation,
then
Respondent’s
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’s.
1
Date:
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
REMITTANCE
FORM
MAY
1
1
STATE
OF
iLUNOj
ILLINOIS ENVIRONMENTAL
)
POllUtion
Control
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
LI
v.
)
(IEPA
No.
80-09-AC)
)
GORDON
INVESTMENT
GROUP,
LLC,
)
)
Respondents.
FACILITY:
Country
Gardens
Mobile
Home
Park
SITE CODE
NO.:
1090155029
COUNTY:
McDonough
CIVIL
PENALTY:
$4,500.00
DATE OF
INSPECTION:
March 26,
2009
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
