ILLINOIS POLLUTION CONTROL BOARD
    July 13, 2000
    COUNTY OF OGLE,
    Complainant,
    v.
    LEONARD HAGEMANN,
    Respondent.
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    AC 00-82
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 25, 2000, Ogle County filed an administrative citation with the Board naming
    Leonard Hagemann as respondent. The administrative citation was filed in response to
    observations made on March 29, 2000, and alleges that respondent caused or allowed open
    dumping which resulted in the causing or allowing of open burning in violation of Section
    21(p)(3) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(3) (1998).
    On June 29, 2000, the parties filed a joint stipulation of settlement and dismissal of
    respondent’s petition for administrative review (stipulation). In the stipulation, respondent
    admits to violating Section 21(p)(3) and agrees to pay a civil penalty of $1,500. Respondent
    must continue to comply with the Act and the Board’s regulations. Both parties agree that,
    contingent upon the Board’s acceptance and adoption of the terms and conditions of the
    stipulation, the petition for review shall be dismissed.
    The Board order, therefore, includes that portion of the stipulation which finds a
    violation of Section 21(p)(3) of the Act and imposes a $1,500 penalty. The order also reflects
    the agreement upon the date by which the penalty must be paid. This settlement agreement in
    no way affects respondent’s responsibility 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 conclusion of law in this matter.
    ORDER
    1.
    The Board finds that the respondent caused or allowed open burning in violation
    of 415 ILCS 5/21(p)(3) (1998).
    2.
    Respondent shall pay the sum of $1,500 by October 1, 2000. Such payment
    shall be made by certified check or money order payable to the Ogle County
    Solid Waste Fund. The case number, case name, and respondent’s social
    security number or federal employer identification number shall also be included
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    on the check (or money order) and should clearly indicate that payment is
    directed to the Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Ogle County Treasurer’s Office
    Ogle County Courthouse
    Oregon, Illinois 61061
    4.
    Any such penalty not paid within the prescribed time period shall accrue interest
    pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
    5.
    Payment of this penalty does not prevent future prosecution if the violation
    continues.
    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 order was adopted on the 13th day of July 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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