ILLINOIS POLLUTION CONTROL BOARD
January 6, 2000
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOHN SIMPSON,
Respondent.
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AC 00-27
(IEPA No. 471-99-AC)
(Administrative Citation)
ORDER OF THE BOARD (by R.C. Flemal)
On October 4, 1999, the Illinois Environmental Protection Agency filed an
administrative citation with the Board naming John Simpson as respondent. The administrative
citation was filed in response to observations made on August 20, 1999, and alleges that
respondent caused or allowed litter in violation of Section 21(p)(1) and Section
21(p)(7)(i)
of
the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1),
21(p)(7)(i) (1998, as amended by
Pub. Act 91-72, eff. July 9, 1999))
.
1
The Board received respondent’s petition for review on
November 4, 1999, and accepted this case for hearing on November 18, 1999.
On January 3, 2000, the parties filed a joint stipulation of settlement and dismissal of
respondent’s petition for administrative review (stipulation). In the stipulation, respondent
admits to violating Section 21(p)(1) and agrees to pay a civil penalty of $500. The Board grants
complainant’s motion to dismiss the Section 21(p)(7)(i) allegation, the open dumping of general
construction or demolition debris. Respondent must continue to comply with the Act and the
Board’s regulations. Both parties agree that, contingent upon the Board’s acceptance and
adoption of the terms and conditions of the stipulation, the petition for review shall be
dismissed.
The Board order will, therefore, include that portion of the stipulation which finds a
violation of Section 21(p)(1) of the Act and imposes a $500 penalty. The order will also reflect
the agreement upon the date by which the penalty must be paid. This settlement agreement in no
way affects respondent’s responsibility to comply with any federal, State, or local regulations
including, but not limited to, the Act and the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusion of law in this matter.
ORDER
1
21(p)(7)(i) prohibits the open dumping of general construction or demolition debris and was
added to the Act by Pub. Act 91-72, signed and effective July 9, 1999.
2
1.
The Board finds that the respondent caused or allowed litter in violation of 415
ILCS 5/21(p)(1) (1998).
2.
Respondent shall pay the sum of $500 by December 1, 2000. Such payment
shall be made by certified check or money order payable to the Treasurer of the
State of Illinois, designated to the Environmental Protection Trust Fund. The
case number, case name, and respondent’s social security number or federal
employer identification number shall also be included on the check (or money
order) and should clearly indicate that payment is directed to the Environmental
Protection Trust Fund.
3.
The check (or money order) shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Any such penalty not paid within the prescribed time period shall accrue interest
pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
5.
Payment of this penalty does not prevent future prosecution if the violation
continues.
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 6th day of January 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
