ILLINOIS POLLUTION CONTROL BOARD
December 2, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
FLORENCE PROPHETER and PROPHETER
CONSTRUCTION CO.,
Respondents.
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AC 04-61
(IEPA No. 125-04-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On April 6, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
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As required, the Agency served the administrative citation on the respondents 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 May 10, 2004, the respondents timely filed a petition to contest the
administrative citation.
See
415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The
respondents alleged that they did not cause or allow the alleged violations, and that the alleged
violations were the result of uncontrollable circumstances.
See
35 Ill. Adm. Code 108.206. The
Board accepted the petition for hearing by an order dated May 20, 2004.
On November 18, 2004, the Agency and the respondents filed a stipulation and proposed
settlement.
See
35 Ill. Adm. Code 108.208 and 108.500(c). The respondents admit the alleged
violation of Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)) and agree to pay a civil
penalty of $1,500. The stipulation and proposed settlement is silent as to the alleged violations
of Sections 21(p)(4) and (p)(7) of the Act (415 ILCS 5/21(p)(4) and (p)(7) (2002)).
The Board accepts the stipulation and proposed settlement agreement. To effectuate the
parties’ agreement, the Board dismisses the alleged violations of Sections 21(p)(4) and (p)(7) of
the Act (415 ILCS 5/21(p)(4) and (p)(7) (2002)). The Board directs the respondents to pay a
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civil penalty in the amount of $1,500 and diligently comply with and cease and desist from
further violation of the Act (415 ILCS 5 (2002)) and Board regulations.
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. The alleged violations of Section 21(p)(4) and (p)(7) of the Act are dismissed.
The Board finds that the respondents violated Section 21(p)(1) of the Act, and
must pay a civil penalty of $1,500 no later than January 5, 2005, which is the first
business day after the 30th day after the date of this order.
3. The respondents must pay the civil penalty by certified check or money order,
made payable to the Environmental Protection Trust Fund. The number, case
name, and the respondents’ social security numbers or federal employer
identification number must be included on the certified check or money order.
4. The respondents 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.
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
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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 December 2, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
