ILLINOIS POLLUTION CONTROL BOARD
    August 6, 1998
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    STEVE GILL d/b/a A BETTER ESTIMATE
    TREE SERVICE,
    Respondent.
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    AC 98-29
    (IEPA No. 191-98-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by J. Yi):
    On May 8, 1998, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board naming Steve Gill d/b/a A Better Estimate Tree Service
    (Gill) as respondent. The administrative citation was filed in response to observed violations
    that occurred on April 1, 1998, and alleges that respondent caused or allowed litter in violation
    of Sections 21(p)(1) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1) (1996).
    The Board received respondent’s petition for review on June 15, 1998, and accepted this case
    for hearing on June 17, 1998.
    On July 27, 1998, the Board received a joint stipulation of settlement and dismissal of
    respondent's petition for administrative review. In the stipulation, Gill admits that he caused
    or allowed litter in violation of Section 21(p)(1) of the Act, and agrees to pay the statutory
    civil penalty of $500 in five equal installments of $100 beginning on or before August 15,
    1998.
    Respondent also agrees to diligently comply with, and cease and desist from violation
    of, the Act (415 ILCS 5/1
    et seq
    . (1996)), and the Board's rules and regulations (35 Ill. Adm.
    Code Subtitles A through H). The Agency agrees to waive its right to refer to the Office of
    the Attorney General or any other prosecuting authority, for civil enforcement, the violations
    which are the subject-matter of the Violation Notice Letter (L-1997-01808) dated October 24,
    1997. Finally, both parties agree that, contingent upon the Board's acceptance and adoption of
    the terms and conditions of the joint stipulation, the petition for review shall be dismissed.
    Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (1996)) authorizes the Board to impose
    a civil penalty pursuant to Section 42(b)(4) of the Act (415 ILCS 5/42(b)(4) (1996)) for a
    violation of the Act as alleged in an administrative citation. However, Section 31.1(d) of the
    Act limits the relief the Board can order in an administrative citation action, and the
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    compliance conditions as outlined by the parties in the joint stipulation are not within the
    Board's authority.
    The Board order will, therefore, include that portion of the stipulation which finds a
    violation of Section 21(p)(1) of the Act and imposes a $500 penalty. The additional terms of
    the stipulation will not be included in the Board order. These agreements may be enforceable
    as a matter of contract law or be alleged as aggravating factors in any future enforcement
    action brought pursuant to Section 31 of the Act. However, 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.
    This opinion constitutes the Board's finding of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board finds that the respondent, Steve Gill d/b/a A Better Estimate Tree
    Service, caused or allowed litter in violation of 415 ILCS 5/21(p)(1) (1996).
    2.
    Respondent shall pay a civil penalty in the sum of five hundred dollars ($500) in
    five equal installments of $100 beginning on or before August 15, 1998. Such
    payment shall be made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the Illinois Environmental
    Protection Trust Fund, and shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62702
    The certified check or money order shall clearly indicate on its face respondent's
    federal employer identification number or social security number, and that the payment is
    directed to the Environmental Protection Trust Fund.
    Any such penalty not paid within the time prescribed shall accrue interest pursuant to
    Section 42(g) of the Act. Interest shall not accrue during the pendency of an appeal during
    which payment of the penalty has been stayed.
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    3.
    Respondent's petition for review is hereby dismissed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
    See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions For Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 6th day of August 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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