ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    WILLIAM BASIL FLYNN and OLEN G.
    PARKHILL, JR. (MAHOMET/PARKHILL
    CNS #2),
     
    Respondents.
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    AC 01-19
    (IEPA No. 522-00-AC)
    (Administrative Citation)
     
     
    OPINION AND ORDER OF THE BOARD (by N. J. Melas):
    On December 4, 2000, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board naming William Basil Flynn and Olen G. Parkhill, Jr. as
    respondents. The administrative citation was filed in response to observed violations of the
    Environmental Protection Act (Act) that occurred during an Agency inspection on October 29,
    2000, at the Mahomet/Parkhill CNS #2 facility in Champaign County.
    The administrative citation alleges that respondents owned and/or operated the
    Mahomet/Parkhill CNS #2 facility as an open dump and that the open dump was operating
    without an Agency-issued operating permit. It alleges that respondents caused or allowed open
    dumping of waste in a manner resulting in open burning in violation of Section 21(p)(3) of the
    Act. 415 ILCS 5/21(p)(3) (2000).
    On December 18, 2000, Parkhill filed a petition for review with the Board, and on
    December 21, 2000, the Board accepted this matter for hearing with respect to Parkhill. On
    January 8, 2001, Flynn filed a petition for review with the Board and on January 18, 2001, the
    Board accepted this matter for hearing with respect to Flynn.
    On December 13, 2001, the parties filed a “Stipulation of Settlement and Dismissal of
    Respondents’ Petition for Administrative Review” (stipulation). In the stipulation, respondents
    admit the alleged violation of Section 21(p)(3) of the Act and agree to pay a civil penalty of
    $1,500. The Board accepts the stipulation filed by the parties in this matter.
    Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (2000)) and Section 42(b)(4-5) of the Act
    (415 ILCS 5/42(b)(4-5) (2000)) authorize the Board to impose a civil penalty for a violation of
    Section 21(p) of the Act (415 ILCS 5/21(p) (2000)) as alleged in an administrative citation. This
    opinion constitutes the Board’s findings of fact and conclusion of law in this matter.
    ORDER
     
     
     
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    1.
    The Board finds that respondents caused or allowed litter in violation of 415
    ILCS 5/21(p)(3) (2000).
    2.
    Respondents shall pay the sum of $1,500 on or before December 31, 2001. Such
    payment shall be made by certified check or money order payable to the Treasurer
    of the State of Illinois, designated to the Environmental Protection Trust Fund.
    The case number and case name shall be included on the check (or money order).
    In addition, the social security numbers for William Basil Flynn and Olen G.
    Parkhill, Jr. shall also be included on the check (or money order). The check (or
    money order) should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
     
     
      
    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)).
     
    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 20, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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