ILLINOIS POLLUTION CONTROL BOARD

November 5, 2009

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

BRADLEY AND CAROL CORZINE,

Respondents.

)

)

)

)

)

)

)

)

)

)

AC 09-22

(IEPA No. 301-08-AC)

(Administrative Citation)

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

For the reasons below, the Board accepts the proposed settlement and dismissal of this

administrative citation enforcement action. The Illinois Environmental Protection Agency

(IEPA) timely filed an administrative citation on October 24, 2008, against Bradley and Carol

Corzine (Corzines). IEPA alleged that, on September 18, 2008, the Corzines violated Sections

21(p)(1) and (p)(7) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/21(p)(1),

(p)(7) (2008))

1

The Corzines timely filed a petition to contest the administrative citation, which the

Board accepted on November 20, 2008. On October 16, 2009, the parties filed a “stipulation of

settlement and dismissal of respondent’s petition for administrative review” (Stipulation). Under

its terms, the Corzines admit they 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, and

agree to pay the statutory civil penalty of $1,500 for this violation. Stipulation at 2. The

Corzines also agree to the dismissal of their 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.

at 2. 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

at

3.

by allowing open dumping on their facility, which resulted in litter and

deposition of demolition or construction debris. The violation allegedly took place at Corzines’

facility located at SEC 23, T 13, R1W, SW, SW, SE, E1/2 of the NW, Union County. The

property is commonly known to the Illinois Environmental Protection Agency as the

“Dongola/Corzine” site and is designated with Site Code No. 1818555005.

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 the Corzines violated Section

21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2008)). Section 42(b)(4-5) of the Act (415 ILCS

1

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.

---

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 the Corzines

pay a total civil penalty of $1,500, the Board dismisses the alleged violation of Section 21(p)(7)

of the Act (415 ILCS 5/21(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 Bradley and Carol Corzine violated Section 21(p)(1) of the

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

3.

The Corzines must pay a civil penalty of $1,500 no later than December 7, 2009,

which is the first business day following the 30th day after the date of this order.

The Corzines 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 one of the Corzines’ social security number or federal employer

identification number must be included on the certified check or money order.

4.

The Corzines 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 Section 21(p)(7) of the

Environmental Protection Act (415 ILCS 5/21(p)(7) (2008)) and the Corzines’

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 November 5, 2009, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

OfT

2

U8

ADMINISTRATIVE

CITATION

PoIftj

STATE

OF

Corfr1S

‘L

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

)

AC

q

)—

V.

)

(IEPA

No.

301-08-AC)

)

BRADLEY

&

CAROL

CORZINE,

)

)

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

Bradley

& Carol

Corzine

are

the

current

owners

(“Respondents”)

of a

facility

located

at

the

following

legal

description:

SEC

23,

T13,

R1W,

SW,

SW, SE,

E

Y2 of

the

NW.

This

property

consists

of

210.53

acres

and is located

in

Union

County,

Illinois.

The

property

is commonly

known

to the

Illinois

Environmental

Protection

Agency

as

Dongola/Corzine.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection

Agency

Operating

Permit

and

is

designated

with Site

Code

No.

1818555005.

3.

That Respondents

have

owned

and

operated

said

facility

at all times

pertinent

hereto.

4.

That

on September

18,

2008,

Sheila

Williams

of the

Illinois

Environmental

Protection

Agency’s

(“Illinois

EPA”)

Marion

Regional

Office

inspected

the

above-described

facility.

A copy

of

---

her

inspection

report

setting

forth

the

results

of

said

inspection

is attached

hereto

and

made

a part

hereof.

5.

That

on

Jo

—

, Illinois

EPA

sent this

Administrative

Citation

via

Certified

Mail

No.

7aoq

?‘O

o€t

7/g7

VIOLATIONS

Based

upon direct

observations

made

by

Sheila

Williams

during

the

course

of

her

September

18,

2008 inspection

of

the

above-named

facility,

the Illinois

Environmental

Protection

Agency

has

determined

that

Respondents

have

violated

the Illinois

Environmental

Protection

Act

(hereinafter,

the

“Act”)

as follows:

(1)

That

Respondents

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

Respondents

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

2l(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),

Respondents

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

Three

Thousand

Dollars

($3,000.00).

If

Respondents

elects

not

to petition

the

Illinois

Pollution

Control

Board,

the

statutory

civil

penalty

specified

above

shall

be

due

and

payable

no

laterthan

November30,

2008,

unless

otherwise

provided

byorderof

the

Illinois

Pollution

Control

Board.

2

---

If Respondents

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,

Respondents

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

Respondents

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,

Respondents

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 Respondents

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 Respondents

in Circuit

Court to collect

said penalty

and/or hearing

costs, plus

any

interest

accrued.

3

---

PROCEDURE

FOR

CONTESTING

THIS

ADMINISTRATIVE

CITATION

Respondents

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

Respondents

elect

to

contest

this

Administrative

Citation,

then

Respondents

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

Respondents.

£LgL

-

,

Date:

b0I2b0

Dougla

. 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

---

lED

REMITTANCE FORM

OCI

2

2008

pj0F

lLLJ(Jo,s

ILLINOIS

ENVIRONMENTAL

)

Controi

8

°ard

PROTECTION

AGENCY,

)

Complainant,

)

AC

b ?

V.

)

(IEPA

No.

301-08-AC)

BRADLEY

&

CAROL

CORZINE,

Respondents.

FACILITY:

Dongola/Corzine

SITE CODE NO.:

1818555005

COUNTY:

Union

CIVIL

PENALTY:

$3,000.00

DATE

OF INSPECTION:

September

18, 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