ILLINOIS POLLUTION CONTROL BOARD
    November 15, 2001
     
    COUNTY OF SANGAMON,
     
    Complainant,
     
    v.
     
    TRUST TR-98-202, MARK K. VINCENT,
    trustee, and FRANK REYNOLDS,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    AC 02-10
    (SCDPH No. 01-AC-1)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On September 27, 2001, the County of Sangamon (County) timely filed an administrative
    citation against Trust TR-98-202, Mark K. Vincent, trustee, and Frank Reynolds (respondents).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The County alleges that
    respondents violated Section 21(p)(1) and (p)(3) of the Environmental Protection Act (Act) (415
    ILCS 5/21(p)(1), (p)(3) (2000)). The County further alleges that respondents violated these
    provisions by causing or allowing open dumping of waste in a manner resulting in litter and open
    burning in Springfield, Sangamon County. The administrative citation meets the content
    requirements of 35 Ill. Adm. Code 108.202(b).
     
    As required, the County served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    see also
    35 Ill. Adm.
    Code 108.202(b). To contest an administrative citation, a respondent must file a petition with the
    Board no later than 35 days after being served with the administrative citation. If the respondent
    fails to do so, the Board must find that the respondent committed the violations alleged and
    impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm. Code
    108.204(b), 108.406. Here, respondents failed to timely file a petition. However, on November
    9, 2001, the parties filed a stipulation and proposal for settlement. The Board will construe the
    joint filing as a waiver of the default deadline.
     
    Pursuant to the terms of the stipulation and proposal for settlement, respondents do not
    admit the allegations contained in the administrative citation.
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
    ORDER
     
    1. Pursuant to the stipulated agreement, the Board finds Trust TR-98-202, Mark K.
    Vincent, trustee, and Frank Reynolds (respondents) violated Section 21(p)(1) of
    the Act and dismisses the alleged violation of Section 21(p)(3). 415 ILCS
    5/21(p)(1), (p)(3) (2000). Accordingly, respondents must pay a civil penalty of
     
     
      
    2
    $1,500 in $300 installments on January 15, 2002, on March 15, 2002, on May 15,
    2002, on July 15, 2002, and on September 15, 2002.
     
    2. Respondents must pay the civil penalty by certified check or money order, made
    payable to the Sangamon County Department of Public Health. The case number,
    case name, and Frank Reynold’s social security number must be included on the
    certified check or money order.
     
    3. Respondents must send the certified check or money order and the remittance
    form to:
     
    Sangamon County Department of Public Health
    Attention: Scott B. Kains
    2501 North Dirksen Parkway
    Springfield, Illinois 62702
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5. 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) (2000);
    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.
     
     
     
      
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 15, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top