ILLINOIS POLLUTION CONTROL BOARD
    April
    20,
    1995
    COUNTY OF OGLE,
    )
    )
    Complainant,
    )
    v.
    )
    AC 94—37
    (SA—R—1002)
    CITY OF ROCHELLE
    AND
    )
    (Administrative Citation)
    ROCHELLE DISPOSAL
    )
    SERVICE,
    INC.
    )
    )
    Respondent.
    INTERIM OPINION
    AND
    ORDER OF THE BOARD
    (by J.
    ‘11):
    On June 13,
    1994,
    the complainant County of Ogle
    (County)
    filed an administrative citation against the City of Rochelle
    (City) and Rochelle Disposal Inc.
    (Disposal).
    The administrative
    citation alleges that the City and Disposal violated Sections
    21(o)(l),
    (5)
    and
    (12) of the Environmental Protection Act (Act).
    (415 ILCS 5/21(0) (1),
    (5) and
    (12)
    (1992)
    .)
    The County
    is vested
    with the authority to bring such a citation pursuant to Section
    31.1 of the Act
    (415 ILCS 5/31.1)
    and a delegation of authority
    agreement with the Illinois Environmental Protection Agency
    statutorily authorized in Section 4(r)
    of the Act.
    (415 ILCS
    5/4(r).)
    Respondent, Disposal,
    filed a timely petition for
    review on June 27,
    1994.
    No hearings have been held in this
    matter.
    On March 22,
    1995, the County and Disposal filed a
    “Stipulated Settlement” pursuant to 35 Ill. Adm. Code 103.180(a).
    In the proposed settlement, the County would withdraw one count
    of the administration citation, Disposal would admit to the other
    two alleged violations, and pay a $1,200 fine.
    The Stipulated
    Settlement requests “...that Board order Respondents to pay six
    hundred dollars ($600.00)
    for each violation for a total of
    twelve hundred dollars
    ($1,200.00).”
    Section 42(b)(4)
    of the Act establishes
    a set civil penalty
    per violation brought under an administrative citation.
    Section
    42(b)(4)
    states in particular “ijn
    an administrative citation
    action under Section 31.1 of this Act, any person found to have
    violated any provision
    ...
    shall pay a civil penalty of $500 for
    each violation of each such provision
    ...“
    (415 ILCS 5/42(b) (4)
    (1992).)
    The proposed Stipulated Settlement requests the Board
    to assess a six hundred dollar ($600.00) civil penalty for each
    violation.
    The Board is without statutory authority to find a
    violation and assess discretionary civil penalties for any amount
    other than five hundred dollars
    ($500.00) per violation.
    Therefore the Board cannot issue an order finding the respondents
    2
    in violation of Sections
    2
    1(o)
    (5) and
    (12)
    of the Act and assess
    a twelve hundred dollar ($1,200.00)
    civil penalty.
    Additionally
    the proposed Stipulated Settlement does not have any indication
    that respondent,
    City of Rochelle, was a party to this agreement.
    As the Board has previously found, both the City and Disposal are
    jointly and severally liable for any finding of violation.
    (See
    County of O~le
    V.
    Rochelle Disposal,
    Inc. and City of Rochelle,
    (August 26,
    1993), AC 92-64,
    and Sangamon County v. The Illinois
    National Bank of Springfield.
    n/k/a First of America Trust Co.
    and Ray Landers,
    (April 21,
    1994), AC 93—30.)
    For these reasons, the Board will propose a revised
    Stipulated Settlement pursuant to 35 Ill. Adm. Code 103.180(c)
    which states in pertinent part:
    C)
    The Board shall consider such proposed settlement
    and stipulation and the hearing record.
    The Board may
    accept,
    suggest revisions in, reject the proposed
    settlement and stipulation, or direct further hearings
    as it appears appropriate.
    (Emphasis added.)
    The parties may accept the Board’s revised Stipulated Settlement
    as suggested in the order or renegotiate
    a new Stipulated
    Settlement that is consistent with this order.
    If the parties do
    not accept the revised Stipulated Settlement, they shall file
    with the Board a new Stipulated Settlement which is consistent
    with this order,
    or any other appropriate motion, on or before
    May 5,
    1995.
    If the parties accept the revised Stipulated
    Settlement they shall file jointly with the Board a signed
    agreement of that fact on or before May
    12,
    1995.
    The Board rejects the proposed Stipulated Settlement and
    hereby proposes a revised Stipulated Settlement as follows:
    1.
    The complainant, County of Ogle, withdraws the alleged
    violation of Section 2l(o)(l)
    of the Act, paragraph 5(c)
    of
    the administrative citation.
    2.
    The respondents, the City of Rochelle and Rochelle
    Disposal Service,
    Inc. admit to violating Section 21(o)(5)
    and
    (12)
    of the Act, paragraph 5(a)
    and
    (b)
    of the
    administrative citation, and Rochelle Disposal,
    Inc.
    withdraws its petition for review.
    3.
    It is hereby ordered that,
    unless the penalty has
    already been paid, respondents, which are jointly and
    severally liable,
    shall pay a penalty of $1000.00 by
    certified check or money order, payable to the County of
    Ogle on or before May 31,
    1995.
    4.
    The respondents shall write the case name and number,
    3
    and its social security number or federal Employer
    Identification Number, on the certified check or money
    order.
    5.
    Penalties unpaid after the due date shall accrue
    interest pursuant to Section 42(g)
    of the Environmental
    Protection Act.
    6.
    Payment of this penalty does not prevent future
    prosecution if the violation continues.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above interim~opinion and order
    was adopted on the ~
    day of
    _______________,
    1995,
    by a
    vote of
    _______.
    Illinois Pol
    Control Board

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