ILLINOIS POLLUTION CONTROL BOARD
December 6, 2001
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CITY OF ELDORADO,
Respondent.
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AC 01-43
(IEPA No. 177-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
On May 14, 2001, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against the City of Eldorado (Eldorado). The Agency alleges that
Eldorado violated Section 21(p)(1), (p)(3), (p)(4), and (p)(7) of the Environmental Protection Act
(Act). 415 ILCS 5/21(p)(1),(p)(3),(p)(4),(p)(7) (2000). On June 14, 2001, Eldorado filed a
petition for review contesting the administrative citation. Eldorado’s facility is located in
Eldorado, Saline County. On November 8, 2001, the Agency filed a stipulation of settlement
and dismissal of respondent’s petition for review.
Pursuant to the terms of the stipulation and proposal for settlement, Eldorado admits that
it caused or allowed open dumping resulting in open burning.
See
415 ILCS 5/21(p)(3) (2000).
Eldorado does not admit the remaining 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 that the City of Eldorado
violated Section 21(p)(3) of the Act. 415 ILCS 5/21(p)(3) (2000). The Board
dismisses the alleged violations of Section 21(p)(1), (p)(4), and (p)(7) of the Act.
415 ILCS 5/21(p)(1), (p)(4), (p)(7) (2000). The City of Eldorado must pay a civil
penalty of $3,000 pursuant to 415 ILCS 5/42(b)(4-5) (2000).
2. The City of Eldorado must pay the civil penalty on or before December 21, 2001,
by certified check or money order, made payable to the Illinois Environmental
Protection Trust Fund. The case number, case name, and the City of Eldorado’s
federal employer identification number must be included on the certified check or
money order.
3. The City of Eldorado must send the certified check or money order and the
remittance form to:
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Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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. The City of Eldorado must diligently comply with, and cease and desist, from
further violations of the Act (415 ILCS 5/1 et seq. (2000)) and the Board’s rules
and regulations. 35 Ill. Adm. Code Subtitles A through H.
6. The City of Eldorado must remove and properly dispose of the waste located at
the site that was the subject of this administrative citation.
7. The Illinois Environmental Protection Agency may not refer the violations that
are the subject of this administrative citation to the Office of the Illinois Attorney
General or any other prosecuting authority for the initiation of a criminal or civil
enforcement action.
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on December 6, 2001, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
