ILLINOIS POLLUTION CONTROL BOARD
    September 1, 2005
     
    COUNTY OF VERMILION,
     
    Complainant,
     
    v.
     
    PHIL ROUSE,
     
    Respondent.
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    AC 06-1
    (County File No. 05-01)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On July 5, 2005, the County of Vermilion timely filed an administrative citation against
    Phil Rouse.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
    Vermilion alleges that on May 10, 2005, Phil Rouse violated Section 21(p)(1) and (p)(3) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(3) (2004)). The County of
    Vermilion further alleges that Phil Rouse violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in (1) litter; and (2) open burning at 1831
    Perrysville Road, Lot 64, Danville, Vermilion County.
     
    As required, the County of Vermilion served the administrative citation on Phil Rouse
    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 August 1, 2005, Phil Rouse timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Phil
    Rouse alleges that “he has never been responsible for conducting an unlicensed open dump” on
    the subject property.
    See
    35 Ill. Adm. Code 108.206. The Board accepted the petition for
    hearing by an order dated August 4, 2005.
     
    On August 25, 2005, the County of Vermilion and Phil Rouse 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). Phil Rouse admits the violation of Section 21(p)(3) and agrees to pay a
    civil penalty of $1,500. The County of Vermilion asks to withdraw the alleged violation of
    Section 21(p)(1).
     
    The Board accepts the stipulation and proposed settlement agreement. To effectuate the
    parties’ agreement, the Board directs Phil Rouse to pay a civil penalty in the amount of $1,500.
    The Board further dismisses the August 1, 2005 petition for review.
     
    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 alleged violation of Section 21(p)(1) of
    the Act and the August 1, 2005 petition for review are dismissed. The Board
    finds that Phil Rouse violated Section 21(p)(3) of the Act, and must pay a civil
    penalty of $1,500 no later than September 15, 2005.
     
    3.
    Phil Rouse must pay the civil penalty by certified check or money order, made
    payable to the Vermilion County Health Department. The number, case name,
    and Phil Rouse’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the 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)).
     
    5.
    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) (2000);
    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 opinion and order on September 1, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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