ILLINOIS POLLUTION CONTROL BOARD
November 6, 1997
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
FRANK A. OLSON,
Respondent.
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AC 98-2
(IEPA No. 269-97)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
This matter comes before the Board upon an administrative citation filed July 11, 1997,
by the Illinois Environmental Protection Agency (complainant) against Frank A. Olson
(respondent) regarding respondent’s facility located in Henderson County, Illinois. The
administrative citation alleged that respondent had caused or allowed open dumping at his
facility on and/or prior to June 9, 1997, in a manner which resulted in the following
occurrences: (1) litter in violation of Section 21(p)(1) of the Environmental Protection Act
(Act); and (2) open burning in violation of Section 21(p)(3) of the Act. 415 ILCS 5/21(p)(1),
(3) (1996). On or about August 12, 1997, respondent filed its petition for review of the
administrative citation with the Board.
In an effort to resolve this matter without the need for a hearing, the parties have
engaged in settlement negotiations and have reached a settlement agreement. On October 20,
1997, the parties filed a joint stipulation and settlement agreement. The stipulation sets forth
the facts relating to the nature, operations, and circumstances surrounding the claimed
violations. Respondent admits that it caused or allowed litter in violation of 415 ILCS
5/21(p)(1) (1996) and agrees to pay a statutory penalty of $500. In exchange for respondent’s
admission of liability and payment of the $500 penalty for causing or allowing litter,
complainant agrees to dismiss the alleged violation against respondent for causing or allowing
open burning in violation of 415 ILCS 5/21(p)(3) (1996).
In addition to respondent’s agreement to pay a penalty of $500, respondent agrees to
properly dispose of all remaining litter at his facility within sixty (60) days of entry of this
order, or on or before January 6, 1998, by properly disposing of the litter at a facility
permitted by complainant to accept the type of waste located at respondent’s facility.
Respondent also agrees to provide complainant with receipts evidencing proper disposal of the
litter located at his facility. The parties also agree that these receipts shall be presented to
complainant upon request, for review and photocopying. Finally, respondent agrees to
diligently comply with, and shall cease and desist from violations of the Act, 415 ILCS 5/1
et
2
seq.
(1996), and the Board’s rules and regulations, 35 Ill. Adm. Code Subtitles A through H,
and any and all applicable federal laws and regulations.
Section 31.1(d)(1) of the Act (415 ILCS 5/31.1(d)(1) (1996)) authorizes the Board to
impose a penalty upon making a finding of violation. It does not, however, authorize the
Board to order compliance conditions as outlined by the parties as the Board could if it were
issuing an order pursuant to Section 33(c) in a Section 31(d) enforcement action. See 415
ILCS 5/31(d), 33(c) (1996).
The Board order will include that portion of the stipulation which allows for a finding
of violation of Section 21(p)(1) of the Act (415 ILCS 5/21(p) (1996)), imposition of a $500
penalty, withdrawal of the allegation relating to a Section 21(p)(3) violation, and dismissal of
the petition for review. The parties’ other agreements may be enforceable as a matter of
contract or be alleged as aggravating factors in any future enforcement action brought pursuant
to Section 31 of the Act. 415 ILCS 5/31 (1996). This settlement agreement in no way affects
respondent’s responsibility to comply with any federal, state, or local regulations, including
but not limited to the Act and the Board’s pollution control regulations.
This opinion constitutes the Board’s finding of fact and conclusions of law in this
matter.
ORDER
1.
The Board finds, as admitted by Frank A. Olson (respondent), that
respondent caused or allowed litter in violation of 415 ILCS 5/21(p)(1)
(1996).
2.
Respondent shall pay a statutory civil penalty in the sum of five hundred
dollars ($500) on or before March 1, 1998. Such payment shall be made
by certified check or money order payable to the Treasurer of the State
of Illinois, designated to the Illinois Environmental Protection Trust
Fund, and shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
Springfield, IL 62702
The certified check or money order shall clearly indicate on its face
respondent’s Federal Employer Identification Number or Social Security
Number, and that payment is directed to the Environmental Protection
Trust Fund.
Any such penalty not paid within the time prescribed shall incur interest
at the rate set forth in subsection (a) of Section 1003 the Illinois Income
3
Tax Act, (35 ILCS 5/1003), as now or hereafter amended, from the date
payment is due until the date payment is received. Interest shall not
accrue during the pendency of an appeal during which payment of the
penalty has been stayed.
3.
The Board hereby dismisses the alleged violation against respondent for
causing or allowing open burning, a violation of 415 ILCS 5/21(p)(3)
(1996).
4.
Respondent’s petition for review is hereby dismissed.
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 Illinois Appellate Court within 35 days 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 of Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 6th day of November 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
