ILLINOIS POLLUTION CONTROL BOARD

August 21, 2003

 

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

 

Complainant,

 

v.

 

MOUND CITY,

 

Respondent.

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AC 02-4

(IEPA No. 288-01-AC)

(Administrative Citation)

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

 

On July 24, 2001, the Illinois Environmental Protection Agency (Agency) timely filed an

administrative citation against Mound City.

See

415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code

108.202(c). At issue is the Agency’s allegation that Mound City violated Section 21(p)(1) and

(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(3) (2002)) (Act). The

Agency further alleges that Mound City violated these provisions by causing or allowing the

open dumping of waste in a manner that resulted in litter and open burning at its facility located

south of Route 37 at the west end of Poplar Street in Mound City, Pulaski County.

 

As required, the Agency served the administrative citation on Mound City within “60

days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);

see also

35 Ill. Adm.

Code 108.202(b). On August 23, 2001, Mound City timely filed a petition to contest the

administrative citation.

See

415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Mound

City denied the cited violations.

See

35 Ill. Adm. Code 108.206. The Board accepted the

petition for hearing by an order dated September 6, 2001.

 

On August 13, 2003, the Agency and Mound City filed a stipulation and proposed

settlement.

See

35 Ill. Adm. Code 108.208 and 108.500(c). The Board accepts the stipulation

and proposed settlement agreement. Mound City admits the alleged violation of Section 21(p)(1)

of the Act. As stated in the stipulation, this is Mound City’s second offense of Section 21(p).

See

IEPA v. Mound City, AC 98-24 (May 7, 1998).

 

The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a

second or subsequent offense.

See

415 ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500(a).

Mound City agrees to pay a civil penalty of $3,000 in four equal monthly installments. To effect

the parties’ agreement, the Board dismisses from the administrative citation the alleged violation

of Section 21(p)(3) of the Act, as well as Mound City’s petition for review filed on August 23,

2001.

 

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

 

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ORDER

 

1. The Board accepts and incorporates by reference the stipulation and proposed

settlement. The alleged violation of Section 21(p)(3) of the Act is dismissed from

the administrative citation, as is Mound City’s August 23, 2001 petition for

review.

 

2. Pursuant to the stipulated agreement, the Board finds that Mound City violated

Section 21(p)(1) of the Act, and must pay a civil penalty of $3,000 in four equal

monthly installments of $750 each beginning on September 15, 2003, and

continuing on the 15th day of each succeeding month until $3,000 has been paid

in full.

 

3. Mound City must pay each installment of the civil penalty by certified check or

money order, made payable to the Illinois Environmental Protection Trust Fund.

The case number, case name, and Mound City's federal employer identification

number must be included on each certified check or money order.

 

4. Mound City must send each certified check or money order to:

 

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

5. Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2002)).

 

6. Mound City must diligently comply with and cease and desist from further

violation of the Act, 415 ILCS 5 (2002), and Board regulations, 35 Ill. Adm. Code

Subtitles A through H.

 

7. Mound City must remove and properly dispose of waste at the site that was

subject of this administrative citation at a rate of at least two 30-cubic yard

dumpsters per month until completed, forwarding monthly receipts that indicate

the date, amount of waste removed, and the destination of the waste to the Illinois

Environmental Protection Agency’s Marion Regional Office.

 

8. The Agency must not refer the violations that are the subject of this administrative

citation to the Office of the Attorney General or any other prosecuting authority

for initiation of civil or criminal enforcement action if the City of Marion

complies with the conditions of paragraph 4 above.

 

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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) (2002);

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 August 21, 2003, by a vote of 7-0.

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board