ILLINOIS POLLUTION CONTROL BOARD
    October 3, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROBERT PETERS,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
          
    AC 03-9
    (IEPA No. 351-02-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On August 23, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Robert Peters (Peters).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Peters violated Sections 21(p)(1) and p(5) of
    the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(5) (2000)
    as amended by
    P.A.
    92-0574, eff. June 26, 2002). The Agency further alleges that Peters violated these provisions by
    causing or allowing the open dumping of waste in a manner resulting in litter and proliferation of
    disease vectors. The complaint concerns Peters’ facility located at 167 East 1800, Plainville,
    Adams 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 respondent 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, the 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 violations alleged and
    impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm. Code
    108.204(b), 108.406. Peters did not file a petition for review.
     
    On September 27, 2002, the parties filed a stipulation and proposal for settlement. Peters
    admits to violating Section 21(p)(1) of the Act, and agrees to pay a civil penalty of $1,500. The
    Board accepts the stipulation and proposed settlement. The Agency agrees to dismiss the alleged
    violation of Section 21(p)(5) of the Act. Accordingly, the Board dismisses this charge.
     
    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.
    Pursuant to the stipulated agreement, the Board finds that Robert Peters (Peters)
    violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2000)
    as amended by
     
    P.A. 92-0574, eff. June 26, 2002). At the Agency’s request, the Board dismisses
    the alleged violation of Section 21(p)(5) of the Act (415 ILCS 4/21(p)(5) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002). Accordingly, Peters must pay a
    civil penalty of $1,500 no later than November 3, 2002. Peters must pay the civil
    penalty by certified check or money order, payable to the Illinois Environmental
    Protection Trust Fund. The case number, case name, and Peters’ social security
    number or federal employer identification number must be included on the
    certified check or money order.
     
    3.
    Peters must send the certified check or money order to:
     
     
      
    Illinois Environmental Protection Agency
    Fiscal
    Services
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
      
      
    4.
    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)).
     
    5.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on October 3, 2002, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top