ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    JUDY DAVIS,
    Respondent.
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    PCB 98-162
    (Enforcement - Land)
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    On April 17, 2000, the complainant filed a stipulation and proposal for settlement
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)).
    Pursuant to Section 31(c)(2) of the Act, the Board, by order of April 20, 2000, caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. In its complaint, the complainant alleged that the respondent violated Sections 21(d),
    (e), and (p) of the Act (415 ILCS 5/21(d), (e), and (p) (1998)) and Sections 807.201 and
    807.202(a) of the Board’s waste disposal regulations (35 Ill. Adm. Code 807.201 and
    807.202(a)). Complainant alleges that the respondent committed these violations by causing or
    allowing open dumping, by conducting a waste disposal operation without a permit, and by
    causing or allowing litter at a site located in Colona Township, Henry County, Illinois.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent neither
    admits nor denies the alleged violations in the complaint and agrees to pay a total civil penalty
    of $2,000. Respondent also agreed to remove and properly dispose of all waste, including, but
    not limited to, wood pallet waste, by April 15, 2000. Respondent must continue to comply
    with any federal, State, or local regulations including, but not limited to, the Act and the
    Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
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    ORDER
    1. The Board hereby accepts the stipulation and proposal for settlement executed by the
    People of the State of Illinois and Judy Davis, regarding a facility located in Henry
    County, Illinois. The stipulation and proposal for settlement is incorporated by
    reference as if fully set forth herein.
    2. Respondent shall pay the sum of $2,000 within 180 days of the date of this order.
    Such payment shall be made by certified check payable to the Treasurer of the State
    of Illinois, designated to the Environmental Protection Trust Fund. The case
    number, case name, and respondent’s social security number shall also be included
    on the check.
    3. The check 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
    A copy of the payment transmittal and check shall be simultaneously submitted to:
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4. Respondent shall cease and desist from the alleged violations.
    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.
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    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

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