ILLINOIS POLLUTION CONTROL BOARD
July 8, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
OLEN G. PARKHILL, JR.,
Respondent.
)
)
)
)
)
)
)
)
)
)
AC 03-33
(IEPA No. 331-03-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, Olen G.
Parkhill, Jr., on June 12, 2003. The Agency alleged that Mr. Parkhill violated Sections 21(p)(1),
(p)(3), and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), (p)(7)
(2002)) by causing or allowing the open dumping of waste resulting in litter, open burning, and
the deposition of general or clean construction debris. The violations allegedly took place at Mr.
Parkhill’s facility located approximately 100 yards east of the east end of Jefferson Road,
Candlewood Estates Mobile Home Park, Mahomet, Champaign County. The Agency site code
number for the facility is 0198125003.
Mr. Parkhill timely filed a petition to contest the administrative citation, which the Board
accepted on July 10, 2003. On June 21, 2004, the parties filed a “stipulation of settlement and
dismissal of respondent’s petition for administra
admits he violated Section 21(p)(1) of the Act by causing or allowing the open dumping of waste
resulting in litter and agrees to pay the statutory civil penalty of $3,000 for this “second or
subsequent offense.” Stipulation at 2. Mr. Parkhill also agrees to the dismissal of his petition
contesting the administrative citation.
Id
. at 3. The stipulation further states that the waste that
was the subject of the administrative citation has been removed from the site and properly
disposed.
Id
. 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
.
The Board accepts the stipulation and proposal for settlement. Under Section 31.1(d) of
the Act (415 ILCS 5/31.1(d) (2002)), the Board therefore finds that Mr. Parkhill 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, but the penalty increases to $3,000 if the violation is a
“second or subsequent adjudicated violation of that provision.” The Board has previously found
that Mr. Parkhill violated Section 21(p)(1) in a separate administrative citation proceeding.
See
IEPA v. Parkhill, AC 00-87 (Oct. 5, 2000). The Board accordingly assesses a civil penalty of
2
$3,000. To effectuate the parties’ intent that Mr. Parkhill pay a total civil penalty of $3,000, the
Board dismisses the alleged violation of Sections 21(p)(3) and (p)(7) of the Act.
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. Parkhill 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, and that this is Mr. Parkhill’s second or subsequent adjudicated violation of
that provision.
3. Mr. Parkhill must pay a total civil penalty of $3,000. Mr. Parkhill must pay the
civil penalty in three monthly installments of $1,000, the first installment being
due on July 31, 2004, and continuing the last 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. Parkhill’s federal employer identification number or social
security number must be included on each certified check or money order.
4. Mr. Parkhill 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 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 violations of Sections 21(p)(3) and (p)(7) of the
Act (415 ILCS 5/21(p)(3), (p)(7) (2002)) and Mr. Parkhill’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
3
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 July 8, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
