ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    RICK LINNABURY,
     
    Respondent.
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    AC 06-30
    (IEPA No. 44-06-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    l Protection Agency (Agency) filed a
    timely administrative citation against Mr. Rick Linnabury.
    See
    415 ILCS 5/31.1(c) (2004); 35
    Ill. Adm. Code 108.202(c). The Agency alleges that Mr. Linnabury violated Sections 21(p)(1)
    and (7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (7) (2004)). The
    Agency further alleges that Mr. Linnabury violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in litter, and the deposition of general or clean
    construction or demolition debris. Mr. Linnabury’s facility is located at 708 North Broadway
    Street, Newman, Douglas County.
     
    As required, the Agency served the administrative citation on Mr. Linnabury 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). 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) (2004); 35 Ill. Adm. Code
    108.204(b), 108.406.
     
    On April 27, 2006, Mr. Linnabury timely filed a petition for review.
    See
    415 ILCS
    5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). On August 28, 2006, the Agency and Mr.
    Linnabury 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, Mr.
    Linnabury admits 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 Mr. Linnabury pay a total penalty of
    only $1,500, the Board dismisses the alleged violation of Section 21(p)(7) of the Act. The
    stipulation of settlement requires Mr. Linnabury to pay the statutory civil penalty by October 9,
    2006, which is the first business day after 30 days from the date of this order. 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 Mr. Rick Linnabury’s
    petition for review filed April 27, 2006.
     
    3. Pursuant to the stipulated agreement, the alleged violation of Section 21(p)(7) is
    dismissed. The Board finds that Mr. Linnabury violated Section 21(p)(1) of the
    Act, and must pay a civil penalty of $1,500 by October 9, 2006, which is the first
    business day after 30 days from the date of this order.
     
    4. Mr. Linnabury 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 Mr. Linnabury’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    5. Mr. Linnabury must send the certified check or money order 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) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    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) (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 September 7, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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