ILLINOIS POLLUTION CONTROL BOARD
May 18, 2000
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RAYMOND POLLOCK,
Respondent.
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AC 00-69
(IEPA No. 028-00-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
This matter is before the Board on an administrative citation filed by the Illinois
Environmental Protection Agency (Agency) on February 4, 2000. In the administrative
citation, the Agency alleges that the respondent, Raymond Pollock (Pollock), violated Section
21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (1998)). The Agency
alleges that the violation occurred at a facility located in Douglas County, Illinois. On February
17, 2000, Pollock filed a petition for review of the administrative citation.
On May 5, 2000, the parties submitted a “Joint Stipulation of Settlement and Dismissal
of Respondent’s Petition for Administrative Review.” Pursuant to the terms of the joint
stipulation of settlement, Pollock agrees to admit the violation of Section 21(p)(1) of the Act;
pay the $1,500 statutory penalty; cease and desist from further violations; and remove and
properly dispose of any waste located at the Douglas County facility. Additionally, Pollock
moves to dismiss his petition for review.
The Board grants the motion and hereby dismisses Pollock’s petition for review.
Pursuant to Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (1998)), the Board finds that
Pollock violated the provision alleged in the administrative citation, and finds that the
appropriate penalty pursuant to Section 42(b)(4) of the Act (415 ILCS 5/42(b)(4) (1998)) is
$1,500.
ORDER
1.
Raymond Pollock’s (Pollock) petition for review is hereby dismissed.
2.
The Board finds that Pollock violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (1998)).
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3.
It is hereby ordered that Pollock must, by no later than March 1, 2001, by certified
check or money order pay a penalty in the amount of $1,500. The certified check
or money order must be payable to the Treasurer of the State of Illinois, designated
to the Environmental Protection Trust Fund, and must be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
The certified check or money order must clearly indicate on its face the case name
and number and Pollock’s social security or federal employer identification number.
5.
Pollock must cease and desist from further violation of the Act and Board
regulations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 18th day of May 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board