ILLINOIS POLLUTION CONTROL BOARD
    June 2, 2005
     
    COUNTY OF MONTGOMERY,
     
    Complainant,
     
    v.
     
    MICHAEL SCHWAB,
     
    Respondent.
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    AC 05-65
    (Montgomery County No. 2004-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On April 13, 2005, the County of Montgomery timely filed an administrative citation
    against Michael Schwab.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The
    County of Montgomery alleged that on March 31, 2005 Michael Schwab violated Section
    21(p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7)
    (2002)). The County of Montgomery further alleges that Michael Schwab violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in (1)
    litter; and (2) deposition of general construction or demolition debris or clean construction or
    demolition debris at the southwest quarter of the northwest quarter of Section 3, Township 8,
    Range 5, in Montgomery County.
     
    As required, the County of Montgomery served the administrative citation on Michael
    Schwab within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    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) (2002); 35
    Ill. Adm. Code 108.204(b), 108.406. Here, any petition for review was due on May 24, 2005.
    Michael Schwab failed to timely file a petition. Accordingly, the Board finds that Michael
    Schwab 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) (2002); 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 Michael Schwab violated Sections 21(p)(1) and (p)(7) of the
    Act as alleged. Michael Schwab must pay a civil penalty of $3,000 no later than
    July 5, 2005, which is the first business day after the 30th day after the date of this
    order.
     
    2.
    Michael Schwab must pay the civil penalty by certified check or money order,
    made payable to the Montgomery County Coordinated Services. The case
    number, case name, and Michael Schwab’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3.
    Michael Schwab must send the certified check or money order and the remittance
    form to:
     
    Christine Daniels
    County Coordinator
    P.O. Box 122
    Hillsboro, Illinois 62049
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    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) (2002);
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on June 2, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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