ILLINOIS POLLUTION CONTROL BOARD
    September 21,
    1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    V.
    )
    AC 95—35
    )
    (IEPA No.
    312—95—AC)
    )
    (Administrative Citation)
    THE ROCK ISLAND BANK,
    )
    as Trustee of Land
    )
    Trust No. 2113,
    )
    Respondent.
    ORDER OF THE BOARD (by R.C.
    Flemal):
    On September 13, 1995 the parties filed a Joint Stipulation
    of Settlement and Dismissal of Petition of Review of the
    administrative citation in this matter.
    A petition for review
    was filed with the Board on June 22,
    1995.
    On May 22,
    1995,
    an Administrative Citation was filed with
    the Board pursuant to Section 31.1 of the Illinois Environmental
    Protection Act
    (Act)
    by the Illinois Environmental Protection
    Agency (Agency).
    On a March
    21, 1995 Agency inspector Robert
    Wagner conducted an inspection of the open dump, known as the
    East Moline/Greenspace Recycling.
    Based upon this inspection,
    a
    citation was issued by the Agency which alleges three violations
    of the Act.
    The citation alleges that respondent
    has
    caused or
    allowed litter
    (415 ILCS 5/21(p)(l)
    (1994)), open burning
    (415
    ILCS 5/21(p)(3)
    (1994))
    and the deposition of waste in standing
    or flowing water
    (415 ILCS 5/21(p)(4)
    (1994))
    in violation of the
    Act.
    The statutory penalty established tor each violation is
    $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Therefore
    respondent is statutorily subject to a total penalty of $1500.00
    for three violations.
    Among other things the parties’ joint stipulation of
    settlement states that the Agency dismisses the Section 21(p) (4)
    violation.
    Without admitting liability, which it denies,
    respondent agrees to pay the penalty for the two remaining
    violations, totalling $1000.00.
    The Board finds the settlement
    agreement acceptable.
    The stipulation is incorporated by
    reference as though fully set forth herein.
    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 pollution control regulations.
    4
    Respondent seeks to dismiss its petition for review and
    agrees to pay the civil penalty.
    The Board hereby grants
    respondent’s dismissal of petition for review.
    1.
    It is hereby ordered
    that,
    unless the penalty has
    already been paid,
    within 30 days of the date of this
    order the respondent shall, by certified check or money
    order payable to the Illinois Environmental Protection
    Trust Fund, pay a penalty in the amount of $1000.00
    which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.O. Box 19276
    Springfield, Illinois
    62794—9276
    2.
    Respondent shall include the remittance form and write
    the case name and number and
    its social
    security or
    federal employer identification number of the certified
    check or money order.
    3.
    Penalties unpaid after the due date shall accrue
    interest pursuant to Section 42(g)
    of the Illinois
    Environmental Protection Act.
    4.
    Payment of this penalty does not prevent future
    prosecution if the violations continue.
    This docket
    is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/4.
    (1994)), provides for appeal of final orders of the Board
    within 35 days of the date of service of this order.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (See also 35 Ill. Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy H. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby ce tif
    that the above order was adopted on the
    ~2i’~’
    day of
    ___________
    1995,
    by a vote of
    70
    Dorothy M./’~unn, Clerk
    Illinois P&llution Control Board

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