ILLINOIS POLLUTION CONTROL BOARD
    October 5, 2000
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    OLEN G. PARKHILL, JR.,
    Respondent.
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    AC 00-87
    (IEPA No. 281-00-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On June 28, 2000, the Illinois Environmental Protection Agency (Agency) filed an administrative citation
    against Olen G. Parkhill, Jr. (Parkhill), pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS
    5/31.1 (1998)). The Agency alleges that Parkhill violated Sections 21(p)(1), 21(p)(3), and 21(p)(7) of the Act (415
    ILCS 5/21(p)(1), 21(p)(3), 21(p)(7) (1998)), by allowing open dumping resulting in litter, allowing open burning, and
    allowing the deposition of debris at Parkhill’s facility located in Champaign County, Illinois. On July 28, 2000,
    Parkhill filed a petition for review of the administrative citation, which the Board accepted for hearing on August 10,
    2000.
    On September 21, 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,
    Parkhill admits violating Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1998)), but denies violating Sections
    21(p)(3) and 21(p)(8) of the Act (415 ILCS 5/21(p)(3), (p)(7) (1998)). Parkhill agrees to pay a $1,500 penalty.
    Additionally, Parkhill moves to dismiss the petition for review.
    The Board grants the motion and hereby dismisses Parkhill’s petition for review. Pursuant to Section
    31.1(d) of the Act (415 ILCS 5/31.1(d) (1998)), the Board finds that Parkhill violated 415 ILCS 5/21(p)(1) as alleged
    in the administrative citation. The statutory penalty established for such a violation is $1,500 pursuant to Section
    42(b)(4) of the Act (415 ILCS 5/42(b)(4-5) (1998)).
      
    Since there is one violation, the total penalty is $1,500.
    ORDER
    1.
     
    Parkhill’s petition for review is hereby dismissed.
     
    2.
     
    The Board finds that Parkhill violated Sections 21(p)(1) of the Act (415 ILCS 5/21(p)(1)).
    3.
     
    It is hereby ordered that Parkhill must, by certified check or money order, pay a penalty in the
    amount of $1,500, by no later than January 1, 2001. 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
    2
    4.
    The certified check or money order must clearly indicate on its face the case name and number and
    federal employer identification number.
    5.
     
    Parkhill must cease and desist from further violation of the Act and Board regulations.
    6.
     
    The Board dismisses the alleged violations of Sections 21(p)(3) and 21(p)(7) of the Act (415 ILCS
    5/21(p)(3), (p)(7) (1998)).
    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 5th day of October 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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