ILLINOIS POLLUTION CONTROL BOARD

ORDER

July 11, 2002

ILLINOIS ENVIRONMENTAL )

PROTECTION AGENCY, )

)

Complainant, )

)

v. ) AC 02-30

) (IEPA No. 532-01-AC)

CITY OF WENONA, ) (Administrative Citation)

)

Respondent. )

OPINION AND ORDER OF THE BOARD (by M.E. Tristano):

On January 7, 2002, the Illinois Environmental Protection Agency (Agency) timely

filed an administrative citation against The City of Wenona (Wenona).

See

415 ILCS

5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Wenona violated

Sections 21(p)(1) , 21(p)(4) and 21(p)(7) of the Environmental Protection Act (Act) (415 ILCS

5/21(2000)). The Agency further alleges that Wenona violated these provisions by causing or

allowing the open dumping of waste in a manner resulting in litter, deposition of waste in

standing or flowing water, and deposition of construction or demolition debris at property

located northwest of Wenona near Interstate 39 and the Wenona Water Treatment Pond in

Marshall County, Illinois. The administrative citation meets the content requirements of 35 Ill.

Adm. Code 108.202(b).

As required, the Agency served the administrative citation on Wenona 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). To contest an administrative citation, a respondent must file a petition with

the Board no later than 35 days after being served with the administrative citation. If the

respondent fails to do so, the Board must find that the respondent committed the violation

alleged and impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm.

Code 108.204(b), 108.406.

On July 5, 2002, the parties filed a stipulation of settlement and dismissal of

respondent’s petition for administrative review. Pursuant to the terms of the proposed

settlement, Wenona admits the violation of Section 21(p)(1) of the Act. Wenona agrees to

properly dispose of the waste that was the subject of this Administrative Citation and to

diligently comply with the Act and Board rules and regulations. The Board accepts the

stipulation and proposed settlement. To effectuate the parties’ intent that Wenona pay a total

penalty of only $1,500, the alleged violation of Sections 21(p)(4) and 21(p)(7) 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.

2. Pursuant to the stipulated agreement, the alleged violation of Sections 21(p)(4)

and 21(p)(7) of the Act is dismissed. The Board finds that The City of Wenona

violated Section 21(p)(1) of the Act, and must pay a civil penalty of $1,500 no

later than August 11, 2002, which is the 30th day after the date of this order.

3. Wenona must pay the civil penalty by certified check or money order, made

payable to The Treasurer of the State of Illinois, designated to the

Environmental Protection Trust Fund. The number, case name, and Wenona’s

social security number or federal employer identification number must be

included on the certified check or money order.

4. Wenona 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 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)).

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

101.3000(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

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on July 11, 2002, by a vote of 5-0.