ILLINOIS POLLUTION CONTROL BOARD
    August 18, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    MARY LOU and H. FRANK RECORD,
     
    Respondents.
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    AC 04-6
    (IEPA No. 391-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On August 15, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Mary Lou and H. Frank Record (Records).
    See
    415 ILCS
    5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleged that on June 19, 2003, the
    Records violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act (Act)
    (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)). The Agency further alleges that the Records
    violated these provisions by causing or allowing the open dumping of waste in a manner that
    resulted in (1) litter; (2) open burning; and (3) deposition of general construction or demolition
    debris or clean construction or demolition debris at 31011 North County Highway 2, Ellisville,
    Fulton County.
     
    As required, the Agency served the administrative citation on the Records within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm.
    Code 108.202(b). On September 15, 2003, the Records timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). The
    Records alleged that the Agency improperly issued the administrative citation because the
    Records did not cause or allow the open dumping of waste.
    See
    35 Ill. Adm. Code 108.206. The
    Board accepted the petition for hearing by an order dated September 18, 2003.
     
    On August 3, 2005, the Agency and the Records filed a stipulation and proposed
    settlement and dismissal of respondent’s petition for review.
    See
    35 Ill. Adm. Code 108.208 and
    108.500(c). The Records admit the alleged violations of Section 21(p)(1) and (p)(3) of the Act
    and agree to pay a civil penalty of $3,000. The stipulation does not address the alleged violation
    of Section 21(p)(7) of the Act.
     
    The Board accepts the stipulation and proposed settlement agreement. To effectuate the
    parties’ agreement, the Board dismisses the alleged violation of Section 21(p)(7) of the Act. For
    the two admitted violations of Section 21(p)(1) and (p)(3) of the Act, the Board directs the
    Records to pay a civil penalty in the amount of $3,000. The Board further dismisses the
    September 15, 2003 petition for review.
     
     
    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. Pursuant to the stipulated agreement, the alleged violation of Section 21(p)(1) and
    (p)(3) of the Act and the September 15, 2003 petition for review are dismissed.
    The Board finds that the Records violated Section 21(p)(1) and (p)(3) of the Act,
    and must pay a civil penalty of $3,000 no later than September 19, 2005, which is
    the first business day after the 30th day after the date of this order.
     
    3. To effectuate the apparent intent of the parties, the alleged violation of Section
    21(p)(7) of the Act is dismissed, although the stipulation and settlement
    agreement is silent as to the disposition of that alleged violation.
     
    4. The Records 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 Records’ social security numbers must be included on the certified check
    or money order.
     
    5. The Records 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. The Records must remove the waste from the site that was the subject of this
    administrative citation before June 30, 2005.
     
    7. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    8. Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
     
    IT IS SO ORDERED.
     
     
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on August 18, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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