ILLINOIS POLLUTION CONTROL BOARD
    July 8, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHN SMITH and TWILLA WILLIAMS
    SMITH,
     
    Respondents.
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    AC 03-21
    (IEPA No. 112-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On March 5, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against John Smith and Twilla Williams Smith (respondents).
    See
    415
    ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleged that the respondents
    violated Section 21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
    and (p)(7) (2002)) (Act). The Agency further alleges that the respondents violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in (1)
    litter and (2) deposition of general construction or demolition debris or clean construction or
    demolition debris at 201 Grand, Anna, Union County.
     
    As required, the Agency served the administrative citation on the respondents 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 April 3, 2003, the respondents timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The
    respondents alleged that the violation had not existed for some time and that it was caused by
    uncontrollable circumstances.
    See
    35 Ill. Adm. Code 108.206. The Board accepted the petition
    for hearing by an order dated April 17, 2003.
     
    On July 1, 2004, the Agency and the respondents filed a stipulation and proposed
    settlement.
    See
    35 Ill. Adm. Code 108.208 and 108.500(c). The respondents admit the alleged
    violation of Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)) and agree to pay a civil
    penalty of $1,500 as to that violation. Under the settlement agreement, the respondents are to
    pay the penalty amount in six monthly installments of $250 each beginning August 1, 2004.
     
    The Board accepts the stipulation and proposed settlement agreement. To effectuate the
    parties’ intent that the respondents pay only a $1,500 civil penalty, the Board dismisses the
    alleged violation of Section 21(p)(7) of the Act (415 ILCS 5/21(p)(7) (2002)), as well as the
    petition for review, and directs the respondents to pay a civil penalty in the amount of $1,500 and
    to cease and desist from further violation of the Act and Board regulations.
     
     
    2
    This opinion constitutes the Board’s findings 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 the respondents violated Section 21(p)(1) of the Act, and
    must pay a civil penalty of $1,500 in six monthly installments of $250 each
    beginning no later than August 1, 2004.
     
    3. Pursuant to the stipulated agreement, the petition for review filed April 3, 2003 by
    the respondents is dismissed. The alleged violation of Section 21(p)(7) of the Act
    is dismissed.
     
    4. The respondents must pay each installment of the civil penalty by certified check
    or money order, made payable to the Environmental Protection Trust Fund. The
    number, case name, and the respondents’ social security numbers or federal
    employer identification number must be included on the certified check or money
    order.
     
    5. The respondents must send the certified check or money order and the remittance
    form to the following person at the indicated address:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    6. 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)).
     
    7. Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
     
     
     
     
     
     
     
     
     
    3
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on July 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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