ILLINOIS POLLUTION CONTROL BOARD
    June 17, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROGER RAY,
     
    Respondent.
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    AC 04-08
    (IEPA No. 392-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On June 4, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Roger Ray.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleges that Roger Ray violated Section 21(p)(1), (p)(3), and (p)(7) of
    the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2002)). The
    Agency further alleges that Roger Ray violated these provisions by causing or allowing the open
    dumping of waste in a manner that resulted in (1) litter; (2) the open dumping of waste in a
    manner that resulted in open burning of waste; and (3) deposition of general construction or
    demolition debris or clean construction or demolition debris at the southeast corner of the
    intersection of County Road 750E and the railroad tracks in Block 3 of the J.W. Evans’ Second
    Addition to Kirksville, Moultrie County.
     
    As required, the Agency served the administrative citation on Roger Ray 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 September 20, 2003, Roger Ray timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Roger
    Ray alleges that he does not occupy the subject property, although he does own it, that other
    persons unknown to him must have committed the acts alleged to have violated the Act, and that
    he did not discover the acts committed until after he was served with a copy of the administrative
    citation.
    See
    35 Ill. Adm. Code 108.206. The Board accepted the petition for hearing by an
    order dated October 2, 2003.
     
    On June 4, 2004, the Agency and Roger Ray filed a stipulation and proposed settlement.
    See
    35 Ill. Adm. Code 108.208 and 108.500(c). The Board accepts the stipulation and proposed
    settlement agreement and dismisses the petition for review. Roger Ray admits the alleged
    violation(s) and agrees to pay a civil penalty of $3,000. To effect the parties’ agreement, the
    Board also dismisses the Section 21(p)(7) violation and directs Roger Ray to pay a civil penalty
    in the amount of $3,000 and diligently comply with and cease and desist from further violation
    of the Act.
     
    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, Roger Ray’s petition for review and the
    alleged violation of Section 21(p)(7) of the Act are dismissed. The Board finds
    that Roger Ray violated Section 21(p)(1) and (p)(3) of the Act, and must pay a
    civil penalty of $3,000 in ten monthly installments of $250, commencing on
    July 1, 2004, and continuing on the first of each month thereafter until the penalty
    is paid.
     
    3. Roger Ray must pay the civil penalty by certified check or money order, made
    payable to the Environmental Protection Trust Fund. The number, case name,
    and Roger Ray’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    4. Roger Ray 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.
     
    3
     
     
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on June 17, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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