ILLINOIS POLLUTION CONTROL BOARD
December 21, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LAKE WILDWIND PARK, L.L.C.,
Respondent.
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AC 06-56
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(IEPA No. 128-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
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 against respondent Lake
Wildwind Park, L.L.C. (Lake Wildwind) on June 26, 2006. The Agency alleged that Lake
Wildwind violated Sections 21(p)(1) and (p)(3) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1), (p)(3) (2004)) by causing or allowing the open dumping of waste resulting in
litter and open burning. The violations allegedly took place at Lake Wilwind’s mobile home
park located at 120 Hollyhock Lane in Woodford County. The site has been designated with
Agency site code number 2038165008.
Lake Wildwind timely filed a petition to contest the administrative citation, which the
Board accepted on August 4, 2006. On December 7, 2006, the parties filed a “stipulation of
settlement and dismissal of respondent’s petition for administrative review.” Under its terms,
Lake Wildwind neither admits nor denies that it violated Section 21(p)(3) of the Act by causing
or allowing the open dumping of waste resulting in open burning, but agrees to pay the statutory
civil penalty amount of $1,500. Stipulation at 2. The stipulation is silent as to the alleged
violation of Section 21(p)(1) of the Act. Lake Wildwind 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 alleged 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) (2004)), the Board therefore finds that Lake Wildwind violated
Section 21(p)(3) of the Act. Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2004))
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 Lake Wildwind pay a total civil penalty
of $1,500, the Board dismisses the alleged violation of Section 21(p)(1) of the Act.
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This opinion constitutes the Board’s findings 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 Lake Wildwind violated Section 21(p)(3) of the Act (415
ILCS 5/21(p)(3) (2004)) by causing or allowing the open dumping of waste
resulting in open burning.
3.
Lake Wildwind must pay a total civil penalty of $1,500 by January 22, 2007,
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
Lake Wildwind’s federal employer identification number or social security
number must be included on the certified check or money order.
4.
Lake Wildwind 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 Act (415 ILCS 5/42(g) (2004)) at the rate set forth in Section 1003(a)
of the Illinois Income Tax Act (35 ILCS 5/1003(a) (2004)).
6.
The Board dismisses the alleged violation of Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2004)) and Lake Wildwind’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) (2004);
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
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on December 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
