ILLINOIS POLLUTION CONTROL BOARD
June 17, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
HERBERT LUST,
Respondent.
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AC 04-45
(IEPA No. 34-04-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
Today the Board accepts a proposed settlement and dismissal of this administrative
citation enforcement action. By way of background, complainant, the Illinois Environmental
Protection Agency (Agency), timely filed an administrative citation against respondent, Mr.
Herbert Lust, on January 30, 2004. The Agency alleged that Mr. Lust violated Sections 21(p)(1)
and (p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3) (2002)) by
causing or allowing the open dumping of waste in a manner that resulted in litter and open
burning at 200 W. Franklin Street, Bement, Piatt County.
Mr. Lust timely filed a petition to contest the administrative citation, which the Board
accepted on March 4, 2004. On June 1, 2004, the parties filed a “stipulation of settlement and
dismissal of respondent’s petition for review.” Under its terms, Mr. Lust admits he violated
Section 21(p)(1) of the Act by causing or allowing the open dumping of waste resulting in litter,
agrees to pay the statutory civil penalty of $1,500 for the violation, and agrees to the dismissal of
his petition to contest the administrative citation. The stipulation further states that the waste that
was the subject of the administrative citation has been removed from the site and properly
disposed. Stipulation at 2-3. In addition, the Agency agrees not to refer the violations that are
the subject of the administrative citation to the Office of the Illinois Attorney General or any
other prosecuting authority to initiate a criminal or civil action.
Id
. at 3.
The Board accepts the stipulation and proposal for settlement. To effectuate the parties’
intent that Mr. Lust pay a total civil penalty of $1,500, the Board dismisses the alleged violation
of Section 21(p)(3) of the Act. Under Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (2002)),
the Board therefore finds that Mr. Lust violated Section 21(p)(1) of the Act. Section 42(b)(4-5)
of the Act (415 ILCS 5/42(b)(4-5) (2002)) establishes a civil penalty of $1,500 for this violation.
The Board accordingly assesses a civil penalty of $1,500.
The Board notes that the parties’ stipulation and proposal for settlement provides that Mr.
Lust will pay the penalty in 15 monthly installments of $100 beginning June 10, 2004, and
continuing the first of each month thereafter until the $1,500 penalty is paid in full. Stipulation
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at 2. Because the date on which the first payment is due precedes today’s order, the Board will
grant Mr. Lust until July 10, 2004, to pay the first installment.
This opinion constitutes the Board's finding of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. The Board finds that Mr. Lust violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2002)) by causing or allowing the open dumping of waste resulting in
litter.
3. Mr. Lust must pay a total civil penalty of $1,500. Mr. Lust must pay the civil
penalty in 15 monthly installments of $100, the first installment being due on July
10, 2004, and continuing the first of each month thereafter until paid in full. Each
installment must be made by certified check or money order, made payable to the
Illinois Environmental Protection Trust Fund. The case number, case name, and
Mr. Lust’s federal employer identification number or social security number must
be included on each certified check or money order.
4. Mr. Lust 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. The Board dismisses the alleged violation of Section 21(p)(3) of the Act (415
ILCS 5/21(p)(3) (2002)) and Mr. Lust’s petition to contest the administrative
citation.
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
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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 June 17, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
