ILLINOIS POLLUTION CONTROL BOARD

ORDER

August 22, 2002

ILLINOIS ENVIRONMENTAL )

PROTECTION AGENCY, )

)

Complainant, )

)

v. ) AC 02-60

) (IEPA No. 246-02-AC)

) (Administrative Citation)

LITTLE DOZING SERVICE, INC., )

)

Respondent. )

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

On June 17, 2002, the Illinois Environmental Protection Agency (Agency) timely filed

an administrative citation against Little Dozing Service, Inc. (Little Dozing).

See

415 ILCS

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

violated Sections 21(p)(1), 21(p)(3) and 21(p)(7) of the Environmental Protection Act (Act)

(415 ILCS 5/21(2000)

as amended by

P.A. 92-0574, eff. June 26, 2002). The Agency further

alleges that Little Dozing violated these provisions by causing or allowing open dumping of

waste in a manner resulting in litter, open burning, and the deposition of construction or

demolition debris at a facility located one mile south of Route 36 and west of Route 49, Shiloh

Township, Edgar 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 Little Dozing 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 August 19, 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, Little Dozing admits the violations of Section 21(p)(1) and 21(p)(3) of the Act.

Little Dozing 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 Little Dozing pay a total penalty of only $3,000, the alleged violation of Section 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 Section 21(p)(7) of

the Act is dismissed. The Board finds that Little Dozing violated Section

21(p)(1) and 21(p)(3) of the Act, and must pay a civil penalty of $3,000 no later

than September 22, 2002, which is the 30th day after the date of this order.

3. Little Dozing 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 Little

Dozing’s social security number or federal employer identification number must

be included on the certified check or money order.

4. Little Dozing 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);

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 August 22, 2002, by a vote of 7-0.