ILLINOIS POLLUTION CONTROL BOARD
May 16, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CHARLES HALEY d/b/a HALEY
BROTHERS CONSTRUCTION,
Respondent.
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AC 01-44
(IEPA No. 174-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On May 25, 2001, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Charles Haley d/b/a Haley Brothers Construction (Haley).
See
415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Haley
violated Sections 21(p)(1) and (p)(3) of the Environmental Protection Act (Act) (415 ILCS
5/21(p)(1), (p)(3) (2000)). The Agency further alleges that Haley violated these provisions by
causing or allowing the open dumping of waste in a manner resulting in litter and open burning
at a facility located at the northwest corner of county roads 3000N and 100E in Milks Grove
Township, Iroquois County. The administrative citation meets the content requirements of 35
Ill. Adm. Code 108.202(b).
As required, the Agency served the administrative citation on Haley within “60 days
after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
see also
35 Ill. Adm.
Code 108.202(b). On July 30, 2001, Haley timely filed a petition for review. The Board
accepted the petition for hearing on August 9, 2001.
On May 1, 2002, the parties filed a stipulation and proposal for settlement. Pursuant to
the terms of the proposed settlement, Haley neither admits nor denies the alleged violation of
Section 21(p)(3) of the Act, but agrees to pay a civil penalty of $1,500. The Board accepts the
stipulation and proposed settlement. To effectuate the parties’ intent that Haley pay a total
penalty of only $1,500, the alleged violation of Section 21(p)(1) of the Act is dismissed.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
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2. Pursuant to the stipulated agreement, the alleged violation of Section 21(p)(1) of
the Act is dismissed. The Board finds that Charles Haley d/b/a Haley Brothers
Construction (Haley) violated Section 21(p)(3) of the Act, and must pay a civil
penalty of $1,500 no later than June 16, 2002, which is the 30th day after the
date of this order.
3. Haley must pay the civil penalty by certified check or money order, made
payable to the Illinois Environmental Protection Trust Fund. The number, case
name, and Haley’s social security number or federal employer identification
number must be included on the certified check or money order.
4. Haley must send the certified check or money order and the remittance form to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5. Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2000)).
6. Payment of this penalty does not prevent future prosecution if the violation
continues.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2000);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906,
102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
The Board’s procedural rules provide that motions for the Board to reconsider or modify its
final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
Adm. Code 101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on May 2, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
