ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2000
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    OLEN G. PARKHILL,
    Respondent.
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    AC 00-16
    (IEPA No. 428-99-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    This matter is before the Board on an administrative citation filed by the Illinois
    Environmental Protection Agency (Agency) on September 7, 1999. In the administrative
    citation, the Agency alleges that the respondent Olen G. Parkhill (Parkhill), violated Sections
    21(p)(1) and 21(p)(3) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/21(p)(1),
    (3) (1998)). The Agency alleges that the violations occurred at a Champaign County, Illinois
    facility.
    On October 16, 1999, Parkhill filed a petition for review of the administrative citation.
    After apparent negotiations with the Agency, Parkhill did, on January 5, 2000, submit an
    unsigned and undated letter, in which he states that he wishes to withdraw his petition for
    review and that he intends to pay the fine imposed in the administrative citation. On January
    24, 2000, the Agency responded with a motion to dismiss the petition for review. In its
    motion, the Agency confirms that Parkhill has paid the statutory civil penalty. Additionally, the
    Agency confirms that during a meeting on November 24, 1999, Parkhill expressed his desire to
    resolve this matter by paying the statutory penalty and withdrawing his petition for review.
    For purposes of this opinion and order, the Board treats Parkhill’s January 5, 2000
    correspondence as a motion to withdraw. The Board grants both parties’ motions. Pursuant to
    Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (1998)), the Board finds that Parkhill violated
    the provisions alleged in the administrative citation, and finds that the appropriate penalty
    pursuant to Section 42(b)(4) of the Act is $1,000.00. See 415 ILCS 5/42(b)(4) (1998).
    ORDER
    1.
    Olen G. Parkhill’s (Parkhill) petition for review is hereby dismissed.
    2.
    The Board finds that Parkhill violated Sections 21(p)(1) and 21(p)(3) of the
    Illinois Environmental Protection Act (415 ILCS 5/21(p)(1), (3) (1998)).
    2
    3.
    It is hereby ordered that, unless the penalty has already been paid,
    1
    within 30 days
    of the date of this order, Parkhill must, by certified check (or money order) pay a
    penalty in the amount of $1,000.00. The certified check (or money order) must be
    payable to the Illinois Environmental Protection Trust Fund, and must be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    The certified check or money order must clearly indicate on its face the case name
    and number and Parkhill’s social security or federal employer identification
    number.
    5.
    Any such penalty not paid within the time prescribed will incur interest at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (1998)), as now or hereafter amended. Interest shall accrue from the date payment
    is due until the date payment is received.
    6.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    1
    Pursuant to the Agency’s motion, the Board has every reason to believe that the penalty has
    already been paid.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 3rd day of February 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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