ILLINOIS POLLUTION CONTROL BOARD
April 4.
1996
ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Complainant,
)
)
v.
)
AC 94-24
)
(IEPA No.. 196-94-AC)
FRANK BLAIR,
)
(Administrative Citation)
)
Respondent.
)
ORDER OF THE BOARD (by M. McFawn):
This matter
is before the Board
on a joint stipulation of settlement and dismissal filed
by the parties on April
1,
1996.
This administrative
citation
was originally filed by
complainant
Illinois Environmental Protection Agency on April
22,
1994,
and respondent
Frank Blair filed his
petition for review on May 20,
1994.
In the joint stipulation of settlement,
the parties state that they have engaged in
negotiations and have reached a settlement agreement.
As part of this agreement,
respondent
Frank Blair admits
that he caused or allowed litter in violation of Section 2l(p)(l) ofthe
Environmental
Protection Act
(Act) (415 ILCS
5/21(p)(1)
(1994)), as alleged in the
administrative
citation.
Respondent further agrees to pay the statutory penalty of
$500
in full,
on or before April
28,
1997,
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 April
22,
1994
administrative citation.
The Board hereby accepts the stipulated settlement
agreement proposed by the parties.
The attached order
therefore finds respondent Frank Blair in violation of Section 2l(p)(l) of
the Act,
assesses the statutory penalty of
$500,
and directs respondent Frank Blair to
pay such
penalty
on or before April
28,
1997.
ORDER
1.
It is
hereby ordered that,
unless the penalty has already
been paid,
by April 28,
1997,
the respondent shall, by certified check or money order payable
to the
Illinois
Environmental Protection Trust Fund,
pay a penalty
in the amount of
$500.00,
which
shall be sent to:
2
Illinois
Environmental Protection Agency
Attn:
Fiscal Services
2200 Churchill
Road, P.O.
Box
19276
Springfield,
Illinois
62974-9276
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.
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,
the above order was adopted on the
Control Board, hereby certify
that
1996, by a
vote of
~1
Illinois
Control Board