ILLINOIS POLLUTION CONTROL BOARD
    October 16,
    1992
    SANGAMON
    COUNTY,
    )
    )
    )
    Complainant,
    )
    v.
    )
    AC 92—48
    (Dockets A
    &
    B)
    )
    (Administrative
    Citation)
    DELMAR
    DONLEY
    &
    DON
    CHEN,
    INC.,
    )
    )
    )
    Respondent.
    ROBERT L.
    SMITH APPEARED ON BEHALF OF THE COMPLAINANT.
    JAMES POTTER APPEARED ON BEHALF OF THE RESPONDENT,
    DON
    CHEN.
    DELMAR
    DONLEY
    APPEARED
    PRO
    SE.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by G.
    T. Girard):
    On June 10,
    1992, the Board received an administrative
    citation (citation)
    filed by Sangamon County pursuant to Section
    31.1 of the Illinois Environmental Protection Act (Act)
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111 1/2 par.
    1031.1) and delegated to the
    county pursuant to Section 4(r)
    of the Act.
    The citation alleges
    that on April 24, 1992 an on-site inspection of respondent’s
    property disclosed violations of Section 21(p)(1) and 21(p)(3)
    of
    the Act.
    On June
    5,
    1992, the Board received a request to review
    the issuance of the citation.
    Hearing on this matter was held September 8,
    1992,
    in
    Springfield, Sangamon County,
    Illinois.
    At hearing, the parties
    indicated that they had reached
    a settlement agreement and that
    the parties would be filing the agreement with the Board.
    On
    October
    5,
    1992, the Board received a “Stipulation Agreement”
    signed by all parties.
    In addition, on October
    5,
    1992, the
    Board received a motion to accept the stipulation agreement as a
    final disposition in this matter.
    The stipulation agreement dismisses the count alleging
    violation of Section 21(p) (1)
    of the Act and respondent, Don Chem
    on all counts.
    Respondent, Delmar Donley admits to past
    violations of Section 21(p)(3) of the Act and agrees to pay a
    civil penalty of five hundred dollars
    ($500).
    The Board will grant the motion to accept the stipulation
    agreement as a final disposition in this matter.
    Therefore,
    the
    Board dismisses all counts as to respondent, Don Chem and the
    count alleging violation of Section 21(p) (1)
    as to respondent,
    01 36-OL4L~7
    2
    Delmar Donley.
    The Board finds that respondent, Delmar Donley,
    violated Section 21(p) (3).
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.)
    The Board hereby accepts the Settlement Agreement
    executed by the parties, concerning violation of
    Section 21(p) (3)
    of the Act by Delmar Donley’s
    operations located in Sangamon County,
    Illinois.
    The
    Settlement Agreement is incorporated by reference as
    though fully set forth herein.
    2.)
    Delmar Donley shall pay the sum of five hundred dollars
    ($500)
    within 30 days of the date of this Order.
    Such
    payment shall be made by certified check or money order
    payable to the Sangamon County Public Health Department
    and mailed to the attention of:
    James
    D. Stone
    Director of Public Health
    Sangamori County Department of Public Health
    200 South Ninth Street
    -
    Room 301
    Springfield, IL 62701
    Delmar Donley shall also write its Federal Employer
    Identification Number or Social Security Number on the
    certified check or money order.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth
    in
    subsection
    (a)
    of Section 1003 of the Illinois Income
    Tax Act,
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    120,
    par. 10—1003),
    as now or hereafter amended, from the date payment is
    due until the date payment is received.
    Interest shall
    not accrue during the pendency of an appeal during
    which payment of the penalty has been stayed.
    3.
    Docket A in this matter is hereby closed.
    4.
    Within 30 days of this Order,
    the County
    shall file
    a statement of its hearing costs,
    supported by affidavit, with the Board and
    with service upon Delmar Donley.
    Within the
    same 30 days, the Clerk of the Pollution
    Control Board shall file a statement of the
    Board’s costs, supported by affidavit and
    with service upon Delmar Donley.
    Such
    filings shall be entered in Docket B of this
    matter.
    01 36-OLiE~8
    3
    5.
    Delmar Donley is hereby given leave to file a
    reply/objection to the filings as ordered in
    paragraph
    4 of this Order within 45 days of
    this Order.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (I1l.Rev.Stat.
    1991,
    ch.
    111 1/2, par.
    1041) provides for the
    appeal of final orders of the Board within 35 days.
    The Rules of
    the Supreme Court of Illinois establish filing requirements.
    (But see also
    35
    Ill.
    Adin. Code 101.246, Motions for
    Reconsideration,
    and Castenada v.
    Illinois Human Rights
    Commission
    (1989),
    132 Ill.2d 304,
    547 N.E.2d 437.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    ~
    day of
    __________________,
    1992, by a
    vote of
    7—c
    Dorothy H. 4~znn, Clerk
    Illinois P~&lutionControl Board
    01 36-OLef.~9

    Back to top