ILLINOIS POLLUTION CONTROL BOARD

October 3, 2002

 

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

 

Complainant,

 

v.

 

ROBERT and JOHN GRAY d/b/a GRAY’S

MATERIAL SERVICE,

 

Respondents.

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AC 02-40

(IEPA No. 52-02-AC)

(Administrative Citation)

OPINION AND ORDER OF THE BOARD (by T.E. Johnson):

 

On February 13, 2002, the Illinois Environmental Protection Agency (Agency) timely

filed an administrative citation against Robert and John Gray d/b/a Gray’s Material Service

(Grays). The Agency alleges that the Grays violated Section 21(p)(1), (p)(3), and (p)(7) of the

Environmental Protection Act (Act). 415 ILCS 5/21(p)(1),(p)(3),(p)(7) (2000)

amended by

P.A.

92-0574, eff. June 26, 2002. On March 18, 2002, the Grays filed a petition for review contesting

the administrative citation. The Grays’ facility is located at 834 East Second Street, Gilman,

Iroquois County. On September 27, 2002, the Agency filed the parties’ stipulation of settlement

and dismissal of respondent’s petition for review.

 

Pursuant to the terms of the stipulation and proposal for settlement, the Grays agree to

pay a penalty of $3,000 for the alleged violation of Sections 21(p)(1) and (3) (415 ILCS

5/21(p)(1),(3) (2000))

amended by

P.A. 92-0574, eff. June 26, 2002, but do not admit liability for

the violations alleged in the administrative citation. In order to effectuate the parties’ intent that

the Grays pay a total civil penalty of $3,000, the Board dismisses the alleged violation of Section

21(p)(7). The parties agree that the waste that was the subject of this administrative citation has

been removed and properly disposed of.

 

The Board accepts the stipulation and proposal for settlement. Pursuant to Section

31.1(d) of the Act (415 ILCS 5/31.1(d) (2000))

amended by

P.A. 92-0574, eff. June 26, 2002, the

Board finds that the Grays have violated Section 21(p)(1) and (3). 415 ILCS 5/21(p)(1),(3)

(2000)

amended by

P.A. 92-0574, eff. June 26, 2002 Under Section 42(b)(4-5), the statutory

penalty

 

established for each violation is $1,500 for a total of $3,000. 415 ILCS 5/42(b)(4-5)

(2000)

amended by

P.A. 92-0574, eff. June 26, 2002. The Board accordingly assesses a civil

penalty of $3,000.

 

This opinion constitutes the Board’s finding of fact and conclusions of law.

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