ILLINOIS POLLUTION CONTROL BOARD
December 21, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
NORBERT and WILMA ADAMS,
Respondents.
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AC 07-2
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(IEPA No. 130-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
Today the Board accepts a proposed settlement and dismissal of this administrative
citation enforcement action. By way of background, complainant, the Illinois Environmental
Protection Agency (Agency), timely filed an administrative citation against respondents Norbert
and Wilma Adams on July 10, 2006. The Agency alleged that respondents violated Sections
21(p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(7)
(2004)) by causing or allowing the open dumping of waste resulting in litter and the deposition
of general or clean construction or demolition debris. The violations allegedly took place at
respondents’ facility located at the intersection of 900E and 1500N in Metamora Township,
Woodford County. The Agency site code number for the facility is 2038075004.
Respondents timely filed a petition to contest the administrative citation, which the Board
accepted on September 7, 2006. On December 14, 2006, the parties filed a “stipulation of
settlement and dismissal of respondents’ petition for administrative review.” Under its terms,
respondents admit they violated Section 21(p)(1) of the Act by causing or allowing the open
dumping of waste resulting in litter, and agree to pay the statutory civil penalty of $1,500 for this
violation. Stipulation at 2. Respondents also agree to the dismissal of their petition contesting
the administrative citation.
Id
. at 3. The stipulation further states that the waste that was the
subject of the administrative citation has been removed and properly disposed.
Id
. In addition,
the Agency agrees not to refer the violations that are the subject of the
administrative citation to
the Office of the Illinois Attorney General or any other prosecuting authority to initiate a civil
enforcement action.
Id
.
The Board accepts the stipulation and proposal for settlement. Under Section 31.1(d) of
the Act (415 ILCS 5/31.1(d) (2004)), the Board therefore finds that respondents violated Section
21(p)(1) of the Act. Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2004)) establishes a
civil penalty of $1,500 for this violation. The Board accordingly assesses a civil penalty of
$1,500. To effectuate the parties’ intent that respondents pay a total civil penalty of $1,500, the
Board dismisses the alleged violation of Section 21(p)(7) of the Act.
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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.
The Board finds that respondents violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2004)) by causing or allowing the open dumping of waste resulting in
litter.
3.
Respondents must pay a total civil penalty of $1,500 by January 22, 2007, which
is the first business day following the 30th day after the date of this order.
Payment must be made by certified check or money order, made payable to the
Illinois Environmental Protection Trust Fund. The case number, case name, and
respondents’ federal employer identification numbers or social security numbers
must be included on the certified check or money order.
4.
Respondents 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
5.
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)).
6.
The Board dismisses the alleged violation of Section 21(p)(7) of the Act (415
ILCS 5/21(p)(7) (2004)) and respondents’ petition to contest the administrative
citation.
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on December 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
