ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    HOUSEWRIGHT LUMBER CO. and
    WILLIAM A. HOUSEWRIGHT,
     
    Respondents.
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    AC 02-20
    (IEPA No. 442-01-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On October 22, 2001, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Housewright Lumber Co. and William A. Housewright
    (respondents).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency
    alleges that respondents violated Sections 21(p)(1), (p)(3), (p)(4) and (p)(7) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), (p)(4), (p)(7) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002). The Agency further alleges that respondents
    violated these provisions by causing or allowing the open dumping of waste in a manner
    resulting in litter, open burning, deposition of waste in standing or flowing waters, and the
    deposition of construction or demolition debris. The complaint concerns respondents’ facility
    in Fountain Green Township, Ha
    ncock County. The administrative citation meets the content
    requirements of 35 Ill. Adm. Code 108.202(b).
     
    As required, the Agency served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    see also
    35 Ill.
    Adm. Code 108.202(b). To contest an administrative citation, a respondent must file a petition
    with the Board no later than 35 days after being served with the administrative citation. If the
    respondent fails to do so, the Board must find that the respondent committed the violations
    alleged and impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm.
    Code 108.204(b), 108.406. Respondents filed a petition for review on November 26, 2001.
     
    On July 24, 2002, the parties filed a stipulation and proposal for settlement.
    Respondents admit to violating Sections 21(p)(1) and (p)(3) of the Act, and agree to pay a civil
    penalty of $3,000. The Board accepts the stipulation and proposed settlement. The stipulation
    and proposal for settlement does not dispose of the alleged violations of Sections 21(p)(4) and
    (p)(7) of the Act. The Board dismisses these charges to effectuate the parties’ intent that
    respondents pay a total penalty of $3,000.
     
     
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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. Pursuant to the stipulated agreement, the Board finds that Housewright Lumber
    Co. and William A. Housewright (respondents) violated Sections 21(p)(1) and
    (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2000)
    amended by
    P.A. 92-0574,
    eff. June 26, 2002). The Board dismisses the alleged violations of Sections
    21(p)(4) and (p)(7) of the Act (415 ILCS 4/21(p)(4), (p)(7) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002). Accordingly, respondents must pay a civil
    penalty of $3,000 no later than July 31, 2002, the date set forth in the stipulated
    agreement. Respondents must pay the civil penalty by certified check or money
    order, payable to the Illinois Environmental Protection Trust Fund. The case
    number, case name, and the respondents’ social security numbers or federal
    employer identification number must be included on the certified check or
    money order.
     
    3. Respondents must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
      
      
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5. 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) (2000);
    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
     
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    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on August 8, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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