ILLINOIS POLLUTION CONTROL BOARD
    December 2, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    TROY WILLIAMSON and SWORDS
    VENEER AND LUMBER COMPANY,
     
    Respondents.
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    AC 04-34
    (IEPA No. 723-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On January 2, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Troy Williamson and Swords Veneer and Lumber Company
    (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
    alleges that the respondents violated Section 21(p)(1), (p)(4), and (p)(7) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(4), and (p)(7) (2002)). 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; (2) deposition of waste in standing or flowing
    waters; and (3) deposition of general or clean construction or demolition debris at the
    intersection of Schafer Creek and County Road 1900 North (Schroeder Road), near Coal Valley,
    in Henry 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 January 26, 2004, respondent Troy Williamson timely filed a petition to
    contest the administrative citation. On January 29, 2004, respondent Swords Veneer and Lumber
    Company timely filed a petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d)
    (2002); 35 Ill. Adm. Code 108.204(b). Respondent Troy Williamson alleged that the wood chips
    hauled to his property were intended for use, and that he is aware that others had used wood
    chips for landscaping. Respondent Swords Veneer and Lumber Company disputes liability.
    See
     
    35 Ill. Adm. Code 108.206. The Board accepted the petition for hearing by an order dated
    February 5, 2004.
     
    On November 18, 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 neither admit nor
    deny the alleged violation of Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)) but agree
    to pay a civil penalty of $1,500. The stipulation and proposed settlement is silent as to the
    alleged violations of Sections 21(p)(4) and (p)(7) of the Act (415 ILCS 5/21(p)(4) and (p)(7)
    (2002)).
     
     
    2
    The Board accepts the stipulation and proposed settlement agreement. To effectuate the
    parties’ agreement, the Board dismisses the alleged violations of Sections 21(p)(4) and (p)(7) of
    the Act (415 ILCS 5/21(p)(4) and (p)(7) (2002)). The Board directs the respondents to pay a
    civil penalty in the amount of $1,500 and diligently comply with and cease and desist from
    further violation of the Act (415 ILCS 5 (2002)) and Board regulations.
     
    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 alleged violations of Section 21(p)(4) and (p)(7) of the Act are dismissed.
    The Board finds that the respondents violated Section 21(p)(1) of the Act, and
    must pay a civil penalty of $1,500 no later than January 5, 2005, which is the first
    business day after the 30th day after the date of this order.
     
    3. The respondents must pay 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.
     
    4. 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
     
    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. Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
     
    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.
     
    3
    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 order on December 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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