ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    COUNTY OF DUPAGE,
    Complainant,
    v.
    M. SALEEM CHOUDHRY,
    Respondent.
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    AC 97-13
    (County No.96 CD 494)
    (County No. 96 SA 494)
    (Administrative Citation)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board upon the August 29, 1996 filing of an administrative
    citation pursuant to Section 31.1 of the Illinois Environmental Protection Act (Act) by
    DuPage County (County). A copy of the administrative citation is attached hereto. Service of
    the administrative citation was made upon M. Saleem Choudhry (Choudhry) on August 29,
    1996. The administrative citation alleges that Choudhry violated Sections 21(a), 21(d),
    21(p)(1), and 21(p)(4) of the Act, as well as Sections 807.201 and 807.202 of the Board’s
    Solid Waste Regulations. (415 ILCS 5/21(a), 21(d), 21(p)(1) and 21(p)(4) (1994); 35 Ill.
    Adm. Code 807.201 and 807.202.) The statutory penalty established for each violation is
    $500.00 pursuant to Section 42(b)(4) of the Act.
    On September 26, 1996, Choudhry filed a petition for review. Pursuant to the Illinois
    Environmental Protection Act (Act) parties may appeal an administrative citation within 35
    days of the date of service of the citation. (415 ILCS 5/31.1(b)(4) (1997).) On March 13,
    1997 the Board received a Joint Stipulation of Settlement and Withdrawal of Respondent’s
    Petition for Administrative Review. As part of this agreement Choudhry neither admits nor
    denies that he violated the Act, but agrees to pay a civil penalty of $1,000.00. Choudhry also
    requests that the Board dismiss his petition for review in this case. The County agrees to
    dismiss the remaining violations in its complaint.
    The Board notes that Section 31.1(d) of the Act does not allow recognition of
    settlement agreements in administrative citation proceedings wherein the respondent neither
    admits nor denies the violations. Therefore, the Board grants Choudhry’s motion to dismiss the
    petition for review and pursuant to Section 31.1(d)(1) of the Act, finds that Choudhry violated
    Section 21(p)(1) of the Act by causing or allowing litter, and Section 21(p)(4) of the Act by
    causing or allowing the deposition of waste in standing or flowing waters. Since there are two
    violations, the total penalty to be imposed is $1,000.00.
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    1. It is hereby ordered that, unless the penalty has already been paid, by April 19,
    1997, respondent shall, by certified check or money order payable to the DuPage
    County Treasurer, pay a penalty in the amount of $1,000.00 which shall be sent to:
    Solid Waste Department
    North County Farm Road
    Wheaton, Illinois 60187
     
    2. Respondent shall write the case name and number and his social security or federal
    employer identification number on the certified check or money order.
     
    3. Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g) of
    the Illinois Environmental Protection Act.
     
    4. Payment of this penalty does not prevent future prosecution if violations continue.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (
    See also
    35 Ill.Adm.Code
    101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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