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

    Back to top