ILLINOIS POLLUTION CONTROL BOARD
    July 30, 1992
    SANGANON
    COUNTY,
    Complainant,
    )
    v.
    )
    AC 92—35
    (Co. No. SCDPH—92—AC—9)
    )
    (Administrative Citation)
    CAPITOL
    BANK
    AND
    TRUST
    )
    COMPANY OF SPRINGFIELD,
    )
    N/K/A MAGNA BANK OF CENTRAL
    )
    ILLINOIS, N.A.,
    as Trustee
    )
    under the provisions of a
    )
    trust agreement dated the
    )
    1st day of August,
    1979,
    )
    known as Trust Number TLT-423;
    )
    FRED E. WIDGER; and KIM BOGGS
    )
    )
    Respondents.
    OPINION AND ORDER-OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon a settlement agree-
    ment on a petition for review of an administrative citation filed
    with the Board on May 12,
    1992, by Sangamon County (complainant)
    pursuant to Section 311
    of the Illinois Environmental Protection
    Act
    (Act)
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1001, et seq.).
    The administrative citation alleges vic.’ation of Sections
    21(q) (1)
    and
    (4)
    of the Act.1
    Section 42(b) (4)
    of the Act
    establishes a civil penalty for each violation of $500.90, plus
    any hearing cost incurred by the Board or the Agency.
    The administrative citation named the following persons as
    respondents:
    Capitol Bank and Trust Company of Springfield,
    N/K/A Magna Bank of Central Illinois,
    N.A.,
    as Trustee under the
    provisions of
    a trust agreement dated the 1st dayof August,
    1979,
    known as Trust Number TLT-423
    (Capitol Bank);
    Fred E.
    Widger;
    and, Kim Boggs.
    The citation was served:
    personally on
    Capitol Bank on May 1,
    1992;
    by mail on respondent Widger on
    April 29,
    1992;
    and, personally on respondent Boggs on April
    28,
    1992.
    -
    The administrative citation alleges violations of Sections
    21(p) (1)
    and
    (4) of the Act, which prohibit causing or allowing
    litter, and causing or allowing the deposition of waste in
    standing or flowing waters.
    1Section 21(q)
    of the Act has been renumbered to Section
    21(p)
    of the Act in P.A. 87-752, effective January
    1,
    1992.
    n
    I
    ~s-n~nq
    2
    The citation alleges that the violations took place on March
    3,
    1992,
    at a site,
    in Sangamon County, owned by respondent
    Capitol Bank as Trustee, and operated by respondents Widger and
    Boggs.
    The site is identified in the attachments to the citation
    as “Spfld./Widger”, with IEPA Site Code 1678220055.
    It is
    located behind the Fairgate Lodge at 2840 Peoria Road, near
    Springfield.
    Respondent Widger filed
    a petition for review with the Board
    on June 1,
    1992.
    On July
    6,
    1992, Sangamon County filed a
    settlement agreement with the Board.
    On July 13,
    1992,
    Sangainon
    County filed
    a motion asking that the Board accept the settlement
    agreement as final disposition of the case.
    In the settlement agreement, respondent Widger admits that
    he caused or allowed litter in violation of Section 21(p) (1)
    of
    the Act, and agrees to pay a fine of five hundred dollars
    ($500.00).
    The complainant agrees to dismissal of the Section
    21(p) (4)
    allegation, and agrees to the dismissal of respondents
    Capitol Bank and Boggs.
    Respondent Widger paid the $500.00 civil penalty to the
    Sangamon County Department of Public Health on June 17,
    1992.
    The Board accepts the settlement.
    The citation is dismissed
    with respect to respondents Capitol Bank and Boggs.
    The Board
    finds that respondent Widger has violated Section 21(p)(1)
    of the
    Act by causing litter on March
    3,
    1992.
    The Board will assess a
    civil penalty of five hundred dollars ($500.00).
    A copy of the
    administrative citation will be attached to this Order, but will
    not be printed in the Opinion volumes.
    This Opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    ORDER
    1)
    The Board finds that respondent Fred E. Widger has
    violated Section 21(p)(1)
    of the Environmental
    Protection Act
    (Act)
    (Ill.
    Rev. Stat.
    1991,
    ch.
    ill
    1/2, par.
    1O21(p)(1)) by causing litter on March 3,
    1992.
    2)
    Respondent Fred E. Widger shall pay a civil penalty of
    five hundred dollars ($500.00) to the Sangamon County
    Department of Public Health, which penalty has already
    been paid.
    3)
    The administrative citation is dismissed with respect
    to the allegation of violation of Section 21(p)(4)
    of
    the Act.
    0135-0210
    3
    4)
    Respondents Capitol Bank and Trust Company of
    Springfield and Kim Boggs are dismissed as parties.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    19.91,
    ch.
    111 1/2, par.
    1041, provides for appeal of final
    orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    (But see also
    35 Ill.
    Adm. Code 101.246, Motions for Reconsideration, and
    Castenada v.
    Illinois Human Rights Commission
    (1989),
    132 Ill.2d
    304, 547 N.E.2d 437.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above 0p
    io
    and Order was
    adopted on the
    ~
    day of
    __________________,
    1992,
    by
    avoteof
    4—0
    .
    Board
    0135-0211

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