ILLINOIS POLLUTION CONTROL BOARD
    June 4, 1998
    COUNTY OF JACKSON,
    Complainant,
    v.
    MICHAEL NOSOVITSKY,
    Respondent.
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    AC 98-15
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board on an administrative citation filed February 23,
    1998, by the County of Jackson (complainant) against Michael Nosovitsky (respondent)
    regarding respondent’s facility located in Jackson County, Illinois. The administrative citation
    alleged that respondent had caused or allowed open dumping at his facility on or prior to
    January 15, 1998, 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), (p)(3) (1996). On March
    18, 1998, respondent filed his petition for review of the administrative citation with the Board.
    In an effort to resolve this matter, the parties have engaged in settlement negotiations
    and have reached a settlement agreement. On May 26, 1998, the parties filed a joint
    stipulation and proposal for settlement. Complainant agrees to withdraw the alleged violation
    against respondent for causing or allowing open burning in violation of 415 ILCS 5/21(p)(3)
    (1996). Respondent admits that he caused or allowed litter in violation of 415 ILCS
    5/21(p)(1) (1996) and agrees to pay a statutory penalty of $500. Respondent agrees to
    withdraw his petition for review filed with this Board.
    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. 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. 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.
    2
    ORDER
    1.
    The Board finds, as admitted by Michael Nosovitsky (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 July 6, 1998. Respondent shall make
    payment 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 send the payment by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check or money order must 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 will incur interest
    at the rate set forth in subsection (a) of Section 1003 the Illinois Income
    Tax Act, (35 ILCS 5/1003), as now or hereafter amended, from the date
    payment is due until the date payment is received. Interest does 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 in violation of 415 ILCS 5/21(p)(3)
    (1996), which was withdrawn by complainant.
    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 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions of Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    opinion and order was adopted on the 4th day of June 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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