ILLINOIS POLLUTION CONTROL BOARD
    February 17, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    EQUIPPING THE SAINTS MINISTRY,
    INTERNATIONAL, INC.,
     
    Respondent.
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    AC 04-31
    (IEPA No. 747-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On January 9, 2004, the Illinois Environmental Protection Agency (Agency) filed a timely
    administrative citation against Equipping the Saints Ministry, International, Inc. (ESMI).
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that ESMI violated Section
    21(p)(1), (2), and (7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (2), and (7)
    (2002)). The Agency further alleges that ESMI violated these provisions by causing or allowing the
    unpermitted open dumping of waste in a manner that resulted in litter, and the deposition of general
    and/or clean construction or demolition debris. ESM’s facility is located at 402 W. Loud Street, Virden,
    Macoupin County.
     
    As required, the Agency served the administrative citation on ESMI 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 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 31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b), 108.406.
     
    On February 13, 2004, ESMI timely filed a petition for review.
    See
    415 ILCS 5/31.1(d) (2002);
    35 Ill. Adm. Code 108.204(b). On February 1, 2005, the Agency and ESMI filed a stipulation and
    proposed settlement, accompanied by a request for dismissal of the respondent’s petition for review.
    Pursuant to the terms of the proposed settlement, ESMI denies the alleged violations of Section 21(p)(1)
    of the Act, and agrees to pay a $1,500 civil penalty. To effectuate the parties’ intent that ESMI pay a
    total penalty of only $1,500, the Board dismisses the alleged violations of Section 21(p)(2) and 21(p)(7)
    of the Act. The stipulation of settlement requires ESMI to pay the first monthly installment of the civil
    penalty by February 1, 2005. Because that date precedes the date of this order, the Board will require
    the first payment due on or before March 1, 2005. The Board accepts the stipulation and proposed
    settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
      
     
    2
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Pursuant to the stipulated agreement, the Board dismisses ESMI’s petition for
    review filed February 13, 2004, as supplemented by the Objection to Motion for
    Default Judgment.
     
    3.
    Pursuant to the stipulated agreement, the alleged violation of Section 21(p)(2) and
    (7) is dismissed. The Board finds that ESMI violated Section 21(p)(2) and (7) of
    the Act, and must pay a civil penalty of $1,500, in monthly installments of $250,
    beginning on March 1, 2005, and continuing on the first of each month until paid
    in full.
     
    4.
    ESMI must pay the civil penalty by certified check or money order, payable to the
    Illinois Environmental Protection Trust Fund. The case number, case name, and
    ESMI’s social security number or federal employer identification number must be
    included on the certified checks or money orders.
     
    5.
    ESMI must send the certified checks or money orders to:
     
     
      
    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 violation
    continues.
     
    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
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
     
      
     
    3
    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 February 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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