ILLINOIS POLLUTION CONTROL BOARD
    October 3, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    ORVILLE BARTELS,
    Respondent.
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    AC 95-26
    (Administrative Citation)
    (IEPA No. 181-95-AC)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    On September 26, 1996 the Illinois Environmental Protection Agency (Agency) filed a
    Motion to Dismiss respondent Frank Blair. The Board grants the Agency’s motion to dismiss
    as to respondent Frank Blair.
    On October 2, 1996 the Agency and respondent Orville Bartels (Bartels) filed a joint
    stipulation of settlement and motion to dismiss the petition for review. The parties state that
    they have reached a joint stipulation and settlement agreement wherein Bartels admitted to one
    count of causing or allowing litter in violation of Section 21(p)(1) of the Environmental
    Protection Act (Act). Bartels agrees to pay the statutory penalty of $500 in full on or before
    September 20, 1996, and requests that the Board dismiss his petition for review in this case.
    The proposed settlement agreement does not preclude enforcement against respondent for any
    future violations of local, state, federal or common law, including but not limited to violations
    of the same type and nature as those enumerated in the Agency’s open dump inspection
    checklist dated February 6, 1995.
    The Board hereby accepts the stipulated settlement agreement proposed by the parties.
    The attached order therefore finds Bartels in violation of Section 21(p)(1) of the Act, assesses
    the statutory penalty of $500, and directs Bartels to pay such penalty on or before, September
    20, 1996.
    ORDER
    1.
    It is hereby ordered that, unless the penalty has already been paid by September
    20, 1996, respondent shall, by certified check or money order payable to the Illinois
    Environmental Protection Fund, pay a penalty in the amount of $500 which shall be
    sent to:
    Illinois Environmental Protection Agency
    Attn: Fiscal Services
    2200 Churchill Road, P.O. Box 19276
    Springfield, Illinois 62974-9276
    2
    2.
    Respondent shall include the remittance form and write the case name and
    number and its social security or federal employer identification number on 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 violations
    continue.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order to the
    Appellate Court. The Rules of the Supreme Court of Illinois establish filing requirements.
    (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 _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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