ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    J & T RECYCLING and JOHN A.
    GORDON,
    Respondents.
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    AC 01-12
    (Administrative Citation)
    (IEPA No. 475-00-AC)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On November 6, 2000, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board naming J & T Recycling (Recycling) and John A.
    Gordon (Gordon) as respondents. The administrative citation was filed in response to
    observed violations that occurred on September 27, 2000, at a facility known as
    Marion/Wilson Asphalt in Marion, Williamson County, Illinois. It alleges that respondents
    caused or allowed the open dumping of waste resulting in litter and open burning in violation
    of Sections 21(p)(1) and 21(p)(3) of the Environmental Protection Act (Act). 415 ILCS
    5/21(p)(1) and 5/21(p)(3), as amended by Pub. Act 91-72, eff. July 9, 1999.
    The Board received Gordon’s petition for review on December 4, 2000, but did not
    receive a petition for review from Recycling. The Board accepted this case for hearing on
    December 7, 2000. In that December 7 order, the Board also held that if Recycling did not
    submit a petition for review by the statutory 35-day deadline (December 11, 2000), the Board
    would enter a default judgement against Recycling. See 415 ILCS 5/31.1(d)(1) (1998).
    Recycling did not submit a petition for review.
    On December 18, 2000, the Agency and Gordon filed a joint stipulation of settlement
    and dismissal of respondents’ petition for administrative review (stipulation). In the
    stipulation, Gordon admits the alleged open burning violation and agrees to pay the statutory
    civil penalty of $1,500. In consideration of Gordon’s admission of open burning and
    agreement to pay the penalty, the Agency dismisses the alleged litter violation. Gordon must
    cease and desist from further violations of the Act and the Board’s regulations. Both the
    Agency and Gordon agree that, contingent upon the Board’s acceptance and adoption of the
    terms and conditions of the stipulation, Gordon’s petition for review shall be dismissed.
    Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (1998)) authorizes the Board to impose
    a civil penalty for a violation of the Act as alleged in an administrative citation. However,
    Section 31.1(d) of the Act limits the relief that the Board can order in an administrative citation
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    action, and the compliance conditions as outlined by the parties in the joint stipulation are not
    within the Board’s authority.
    The Board order will, therefore, include that portion of the stipulation which finds a
    violation of Section 21(p)(3) of the Act and imposes a $1,500 penalty in accordance with
    Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5), as amended by Pub. Act 91-72, eff.
    July 9, 1999. The additional terms of the stipulation will not be included in the Board order.
    These agreements may be enforceable as a matter of contract law or be alleged as aggravating
    factors in any future enforcement action brought pursuant to Section 31 of the Act. 415 ILCS
    5/31 (1998). However, this settlement agreement in no way affects respondents’ ability to
    comply with any federal, State, or local regulations including, but not limited to, the Act and
    the Board’s regulations.
    The Board grants the stipulation and dismisses Gordon’s petition for review.
    Recycling has not filed a petition for review with the Clerk of the Board within 35 days
    of the date of service as required by Section 31.1(d) of the Act. 415 ILCS 5/31.1(d) (1998).
    Accordingly, the Board finds Recycling has violated the provisions of the Act alleged in the
    administrative citation, which is attached hereto. Although the Board finds that Recycling has
    violated both Sections 21(p)(1) and 21(p)(3) of the Act as alleged in the Agency’s complaint,
    the Board will not issue a $3,000 penalty against Recycling. Unless otherwise specified in the
    compliant, joint and several liability is presumed in administrative citations. See County of
    Ogle v. Rochelle Disposal Service, Inc. and City of Rochelle, Illinois (August 11, 1994, and
    April 20, 1995), AC 94-37. In its complaint, the Agency asks for a total penalty of $3,000
    against both respondents. Since the stipulation calls for Gordon to pay a $1,500 penalty, the
    Board will assess the remaining $1,500 of the penalty against Recycling. This opinion
    constitutes the Board’s findings of fact and conclusion of law in this matter.
    ORDER
    1. The Board finds that the respondent John A. Gordon (Gordon) caused or
    allowed open burning in violation of 415 ILCS 5/21(p)(3) (1998).
    2.
     
    Gordon shall pay the sum of $1,500 by February 5, 2001.
    3.
     
    The Board finds that respondent J & T Recycling (Recycling) caused or allowed
    littering and open burning in violation of 415 ILCS 5/21(p)(1) and (p)(3) (1998).
    4.
     
    Recycling shall pay the sum of $1,500 by February 5, 2001.
    5.
     
    Such payments shall be made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the Environmental Protection
    Trust Fund. The case number, case name, and respondents’ social security
    numbers or federal employer identification numbers shall also be included on
    the checks (or money orders) and should clearly indicate that payment is
    directed to the Environmental Protection Trust Fund.
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    6. The checks or money orders shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Recycling shall also send the remittance form to the Agency along with its
    payment.
    7. Penalties unpaid after 30 days of the date of this order shall accrue interest
    pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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