ILLINOIS POLLUTION CONTROL BOARD
    July 24, 1997
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    STACY HESS,
    Respondent.
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    AC 97-60
    (IEPA No. 152-97-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board upon the April 25, 1997 filing of an administrative
    citation pursuant to Section 31.1 of the Illinois Environmental Protection Act (Act) by the
    Illinois Environmental Protection Agency (Agency). Service of the administrative citation was
    made upon Stacy Hess (Hess) on April 24, 1997. The administrative citation alleges that Hess
    violated Section 21(p)(1) of the Act for causing or allowing litter. 415 ILCS 5/21(p)(1)
    (1996). The statutory penalty established for each violation is $500 pursuant to Section
    42(b)(4) of the Act. 415 ILCS 5/42(b)(4) (1996).
    On May 27, 1997, Hess filed a petition for review. Pursuant to the 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) (1996). On July 7, 1997 the Board received a Joint Stipulation of
    Settlement and Withdrawal of Respondent’s Petition for Administrative Review. As part of
    this agreement Hess denies that he violated the Act, but agrees to pay a civil penalty of $500.
    The parties’ settlement agreement also requests that the Board dismiss Hess’ petition for
    review.
    In the past, the Board has accepted stipulation and settlement agreements in
    administrative citations wherein the respondent admits to the violations. IEPA v. John Sexton
    Sand & Gravel Corp. (November 21, 1996), AC 97-21. However, Section 31.1(d) of the Act
    does not allow recognition of settlement agreements in administrative citation proceedings
    wherein the respondent denies the violations. 415 ILCS 5/31.1(d) (1996). Therefore, since
    Hess stipulated to the facts in this matter, the Board finds that Hess violated Section 21(p)(1)
    of the Act by causing or allowing litter. The total penalty to be imposed is $500. Further, the
    Board will dismiss the petition for review.
    ORDER
    1. It is hereby ordered that, unless the penalty has already been paid, by January 1,
    1998, respondent shall, by certified check or money order payable to the Illinois
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    Environmental Protection Trust Fund, pay a penalty in the amount of $500 which
    shall be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62794-9276
     
    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 (1996)) provides for
    the appeal of final Board orders to the Appellate Court within 35 days of the date of service of
    this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill.
    2d R.335; 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 opinion and order was adopted on the 24th day of July 1997, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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