ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JAMES A. HAAS, JR.,
     
    Respondent.
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    AC 05-32
    (IEPA No. 532-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    By this order, the Board vacates its December 16, 2004 order, in which the Board found
    the respondent, James A. Haas, Jr., in default for violation of Section 21(p)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)). In that order, the Board also
    assessed a civil penalty of $3,000. Today’s order accepts a settlement agreement reached by the
    parties and filed with the Board in a Joint Motion to Vacate Board Order (Joint Mot.) on
    January 19, 2005. To implement that agreement, this order grants voluntary withdrawal of the
    administrative citation.
     
    On October 22, 2004, the Environmental Protection Agency (Agency) timely filed an
    administrative citation against James A. Haas, Jr.
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that Haas violated Section 21(p)(1) of the Act (415 ILCS
    5/21(p)(1) (2002)). The Agency further alleges that Haas violated this provision on September 1,
    2004 by causing or allowing the open dumping of waste resulting in litter at a site located on the
    north side of Davis Road in or near Mt. Carroll, Carroll County.
     
    As required, the Agency served the administrative citation on Haas 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). To contest an administrative citation, a respondent must file a petition for review
    with the Board no later than 35 days after being served with the administrative citation. If the
    respondent fails to do so, the Board must find that the respondent committed the violation
    alleged and impose the corresponding civil penalty. 415 ILCS 5/31.1(d)(1) (2002); 35 Ill. Adm.
    Code 108.204(b), 108.406. Although Haas filed a petition for review on November 30, 2004,
    that filing did not occur on or before the 35-day deadline established by the Board’s procedural
    rules.
    See
    35 Ill. Adm. Code 108.204(b). Accordingly, the Board in a December 16, 2004 order
    found Hass in default for the violation alleged in the citation.
     
    On January 19, 2005, the parties filed a Joint Motion to Vacate Board Order. The parties
    state that they reached a settlement agreement providing that, if the site complied with the Act by
    December 16, 2004, the citation would be dismissed. Joint Mot. at 1. The parties further state
     
    2
    that, because of an emergency in Haas’ attorney’s family, Haas filed a petition for review one
    day late on November 30, 2004. Joint Mot. at 2.
     
    According to the joint motion, the parties met at Hass’ site on December 6, 2004. Joint
    Mot. at 2. “At that time, the site was found to be compliant, but there was additional work to be
    done.”
    Id
    . The Agency imposed a December 16, 2004 deadline on the removal of remaining
    debris.
    Id
    . The parties met again on December 16, 2004.
    Id
    . The Agency inspected the site and
    found that it no longer violated the Act.
    Id
    . Accordingly, “[t]he Respondent complied with the
    agreement that had been reached between the parties’ attorneys.”
    Id
    .
     
     
    The Board accepts the parties’ settlement agreement. To implement that agreement, the
    Board vacates the December 16, 2004 order directing Haas to pay a civil penalty of $3,000. In
    addition, the Board grants voluntary withdrawal of the October 22, 2004 administrative citation.
     
    IT IS SO ORDERED.
     
     
    Section 41(a) of the 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 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 February 3, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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