ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    BEARDSTOWN TRUCK WASH, LLC,
     
    Respondent.
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    AC 06-12
    (IEPA No. 375-05-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On October 7, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Beardstown Truck Wash, LLC (Beardstown Truck Wash).
    See
     
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleged that on August
    23, 2005 Beardstown Truck Wash violated Section 21(p)(1) and (p)(5) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(5) (2004)). The Agency further alleges that
    Beardstown Truck Wash violated these provisions by causing or allowing the open dumping of
    waste in a manner that resulted in (1) litter; and (2) proliferation of disease vectors at the
    northwest corner of Section 31, Township 19, north of the Base Line, Range 11 West of the
    Third Principal Meridian, in Cass County.
     
    As required, the Agency served the administrative citation on Beardstown Truck Wash
    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 violations
    alleged and impose the corresponding civil penalty. 415 ILCS 5/31.1(d)(1) (2004); 35 Ill. Adm.
    Code 108.204(b), 108.406. Here, any petition for review was due on November 10, 2005.
    Beardstown Truck Wash failed to timely file a petition. Accordingly, the Board finds that
    Beardstown Truck Wash violated Section 21(p) of the Act.
     
    The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a
    second or subsequent offense. 415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a).
    Because there are two violations of Section 21(p) and these violations are first offenses, the total
    civil penalty is $3,000. Under Section 31.1(d)(1) of the Act, the Board attaches the
    administrative citation and makes it part of the order below.
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
     
    2
    ORDER
     
    1. The Board finds that Beardstown Truck Wash violated Sections 21(p)(1) and
    (p)(5) of the Act as alleged. Beardstown Truck Wash must pay a civil penalty of
    $3,000 no later than December 19, 2005, which is the first business day after the
    30th day after the date of this order.
     
    2. Beardstown Truck Wash must pay the civil penalty by certified check or money
    order, made payable to the Illinois Environmental Protection Trust Fund. The
    case number, case name, and Beardstown Truck Wash’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3. Beardstown Truck Wash must send the certified check or money order and the
    remittance form to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. 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)).
     
    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) (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 November 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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