ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    CITY OF SALEM, ROGER KINNEY, DICK
    BROWN and JASON BRUCE,
     
    Respondents.
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    AC 04-84
    (IEPA No. 506-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On January 3, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against City of Salem, Roger Kinney, Dick Brown, and Jason Bruce
    (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
    alleged that on April 22, 2004, the respondents violated Section 21(o)(5) and (o)(12) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(o)(5) and (o)(12) (2002)). The Agency
    further alleges that the respondents violated these provisions by conducting a sanitary landfill
    operation in a manner that resulted in (1) uncovered refuse remaining from a previous operating
    day or at the conclusion of an operating day; or (2) failure to collect and contain litter at the
    conclusion of an operating day at 900 East Lake Street, Salem, Marion County.
     
    As required, the Agency served the administrative citation on the respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm.
    Code 108.202(b). On July 6, 2004, the respondents timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The
    respondents denied the allegations.
    See
    35 Ill. Adm. Code 108.206. The Board accepted the
    petition for hearing by an order dated July 22, 2004.
     
    On January 3, 2005, the Agency and the respondents filed a stipulation and proposed
    settlement, including dismissal of respondent’s petition for review.
    See
    35 Ill. Adm. Code
    108.208 and 108.500(c). The respondents deny the alleged violation of Section 21(o)(5) of the
    Act (415 ILCS 5/21(o)(5) (2002)) but agree to pay a civil penalty of $500. The stipulation does
    not directly address the other violation charged in the administrative citation.
     
    The Board accepts the stipulation and proposed settlement agreement. To effectuate the
    parties’ agreement, the Board dismisses the count of the administrative citation that alleges a
    violation of Section 21(o)(12) of the Act. The Board directs the respondents to pay a civil
    penalty in the amount of $500 and to diligently comply with and cease and desist from further
    violation of the Act (415 ILCS 5 (2002)). The Board dismisses the July 6, 2004 petition for
    review.
     
    2
     
    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. Pursuant to the stipulated agreement, the alleged violation of Section 21(o)(5) of
    the Act and the July 6, 2004 petition for review are dismissed. The Board finds
    that the respondents violated Section 21(o)(12) of the Act, and must pay a civil
    penalty of $500 no later than February 7, 2005, which is the first business day
    after the 30th day after the date of this order.
     
    3. The respondents must pay the civil penalty by certified check or money order,
    made payable to the Environmental Protection Trust Fund. The number, case
    name, and the respondents’ social security number or federal employer
    identification number must be included on the certified check or money order.
     
    4. The respondents must send the certified check or money order and the remittance
    form to the following person at the indicated address:
     
    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) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    6. Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    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) (2002);
    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.
     
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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