ILLINOIS POLLUTION CONTROL BOARD
    June 20, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    IVAN R. SMITH,
     
    Respondent.
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    AC 01-39
    (IEPA No. 175-01-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On April 26, 2001, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation against Ivan R. Smith and Lois Smith (Smiths).
    See
    415 ILCS 5/31.1(c)
    (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleged that the Smiths violated Sections
    21(p)(1), (p)(3), (p)(4) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS
    5/21(p)(1), (p)(3), (p)(4), (p)(7) (2000)). The Agency further alleged that the Smiths violated
    these provisions by causing or allowing the open dumping of waste in a manner resulting in the
    following: litter; open burning; the deposition of waste in standing or flowing waters; and the
    deposition of construction or demolition debris. The administrative citation concerns the
    Smiths’ facility on Smith Downs Lane, approximately one mile north of Hatfield Road, in
    Schuyler County. The Smiths filed a petition for review of the administrative citation on
    May 30, 2001, which the Board accepted for hearing in a June 7, 2001 order.
     
    On June 13, 2002, the parties filed a stipulation and proposed settlement. The Agency
    agrees to the dismissal of the alleged violations of Sections 21(p)(3), (p)(4), and (p)(7) of the
    Act. The Agency also agrees to the dismissal of Lois Smith, who died during the pendency of
    this action. Ivan R. Smith agrees to the dismissal of the petition for review and admits to
    violating Section 21(p)(1) of the Act by causing or allowing open dumping resulting in litter.
    He further agrees to pay a civil penalty of $1,500 for the violation, pursuant to Section
    42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2000)). The Board accepts the stipulation and
    proposed settlement.
     
    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.
     
     
    2
    2. The Board dismisses the alleged violations of Sections 21(p)(3), (p)(4), and
    (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(3), (p)(4),
    (p)(7) (2000)). The Board dismisses Lois Smith and accordingly amends this
    case’s caption. The Board dismisses the petition for review.
     
    3. The Board finds that Ivan R. Smith violated Section 21(p)(1) of the Act (415
    ILCS 5/21(p)(1) (2000)). Ivan R. Smith must pay a civil penalty of $1,500 no
    later than June 30, 2002. He must pay the civil penalty by certified check or
    money order, payable to the Environmental Protection Trust Fund. The case
    number, case name, and Ivan R. Smith’s social security number or federal
    employer identification number must be included on the certified check or
    money order.
     
    4. Ivan R. Smith must send the certified check or money order 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 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 June 20, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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