ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2000
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    TOM ZANG,
    Respondent.
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    AC 00-56
    (IEPA Docket No. 607-99-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by M. McFawn):
    On December 8, 1999, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board, citing respondent Tom Zang for two violations of the Illinois
    Environmental Protection Act (Act), 415 ILCS 5 (1998). The Agency asserts that Zang violated: (1)
    Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1) (1998), by causing or allowing open dumping of
    waste in a manner resulting in litter, and (2) Section 21(p)(7)(i) of the Act, 415 ILCS 5/21(p)(7)(i)
    (1998), as amended by Pub. Act 91-72, eff. July 9, 1999, by causing or allowing open dumping of
    waste in a manner resulting in the deposition of general construction or demolition debris. Zang
    contested the citation in a letter received by the Board on January 3, 2000. By an order adopted on
    January 6, 2000, the Board accepted this matter for hearing.
    On January 26, 2000, the parties to this administrative citation proceeding filed a “Joint
    Stipulation of Settlement and Dismissal of Respondent’s Petition for Administrative Review.” In the
    joint stipulation, Zang admits committing the violation of Section 21(p)(1) of the Act and agrees to pay
    the statutory penalty of $500. See 415 ILCS 5/42(b)(4) (1998). The Agency for its part agrees to
    dismiss the alleged violation of Section 21(p)(7)(i). The parties have agreed that payment will not be
    due until December 1, 2000.
    The parties’ purpose in filing their joint stipulation is to resolve this matter without the need for a
    hearing. Joint Stipulation at 2. Section 31.1(d)(2) of the Act, 415 ILCS 5/31.1(d)(2) (1998), provides
    that a hearing is to be held when an administrative citation is contested. In order to avoid a hearing in a
    contested administrative citation case, the respondent must withdraw his request for review of the
    citation, or the complainant must voluntarily dismiss the citation. The Board will construe the parties’
    joint stipulation as a motion by the respondent to withdraw the petition for review of the citation with
    respect to the violation of Section 21(p)(1), and a motion by the Agency to dismiss the citation with
    respect to the violation of Section 21(p)(7)(i). The Board grants these motions.
    Based on the foregoing discussion, it is hereby ordered that:
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    1.
    Respondent has violated Section 21(p)(1) of the Act.
    2.
    The alleged violation of Section 21(p)(7)(i) of the Act is dismissed.
    3.
    Respondent must pay a civil penalty in the amount of $500 on or before December 1,
    2000.
    4.
    Payment must be made in the form of a certified check or money order, payable to the
    Illinois Environmental Protection Trust Fund. The case number, case name, and
    respondent’s social security number or federal employer identification number should be
    included on the check or money order.
    5.
    The check or money order must be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    6.
    Penalties unpaid after December 1, 2000, will accrue interest pursuant to Section 42(g)
    of the Act, 415 ILCS 5/42(g) (1998).
    7.
    Payment of this penalty does not prevent future prosecution for subsequent violations.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the3rd day of February 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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