ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    TIM WALKER,
     
    Respondent.
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    AC 04-59
    (IEPA No. 135-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On April 5, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Tim Walker.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
    108.202(c). The Agency alleged that on May 8, 2004, Tim Walker 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
    Agency further alleges that Tim Walker violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in (1) litter; and (2) open burning. The alleged
    violations occurred at a site located at 3610 Christmas Tree Road, Decatur, Macon County.
     
    As required, the Agency served the administrative citation on Tim Walker 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 May 5, 2004, Tim Walker timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Tim
    Walker denied the alleged violations and asserted that any violations which may have occurred
    were a result of uncontrollable circumstances.
    See
    35 Ill. Adm. Code 108.206. The Board
    accepted the petition for hearing by an order dated May 20, 2004.
     
    On April 17, 2006, the Agency and Tim Walker 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). Tim Walker agrees to the following: (1) dismissal of his petition for review; (2) a
    Board finding that he violated Section 21(p)(3) of the Act; and (3) payment of a civil penalty of
    $1,500 on the finding of violation. The Agency agrees to dismissal of the administrative citation
    as to the violation of Section 21(p)(1) of the Act. The Agency further agrees not to refer these
    alleged violations to the Office of the Attorney General or any other prosecuting authority for the
    initiation of a civil enforcement action. The parties stipulate that the waste that is the subject of
    this administrative citation has been removed from the site and properly disposed of.
     
    The Board accepts the stipulation and proposed settlement agreement. To effectuate the
    parties’ agreement, the Board directs Tim Walker to pay a civil penalty in the amount of $1,500.
    The Board further dismisses the May 5, 2004 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) of
    the Act and the May 5, 2004 petition for review are dismissed. The Board finds
    that Tim Walker violated Section 21(p)(3) of the Act, and must pay a civil penalty
    of $1,500 no later than May 22, 2006, which is the first business day after the
    30th day after the date of this order.
     
    3. Tim Walker must pay the civil penalty by certified check or money order, made
    payable to the Environmental Protection Trust Fund. The number, case name,
    and Tim Walker’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    4. Tim Walker 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) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    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) (2004);
    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.
     
     
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on April 20, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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