ILLINOIS POLLUTION CONTROL BOARD
    January 20, 2000
    COUNTY OF SANGAMON,
    Complainant,
    v.
    AMERICAN TREE SERVICE, ROY F.
    THROOP,
    Respondent.
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    AC 00-33
    (SCDPH 99-AC-21)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On October 27, 1999, pursuant to Section 31.1(b) of the Environmental Protection Act
    (Act) (415 ILCS 5/31.1(b) (1998)), the County of Sangamon (County) issued an administrative
    citation to respondent American Tree Service, Roy F. Throop. The administrative citation
    alleges that respondent violated Section 21(p)(3) of the Act (415 ILCS 5/21(p)(3) (1998)). The
    alleged violations occurred at 1701 North Lincoln, Springfield, Sangamon County, Illinois.
    Respondent was served with the administrative citation on October 28, 1999. On
    December 13, 1999, respondent mailed a petition for review of the administrative citation which
    the Board received on December 15, 1999. The Board then accepted this matter for hearing.
    See County of Sangamon v. American Tree Service, Roy F. Throop (January 6,
    2000), AC 00-33. Respondent’s attorney Delbert D. Haschemeyer of Stratton, Giganti, Stone
    & Kopec filed a notice of withdrawal of appearance with the Board on January 18, 2000.
    Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (1998)) states, in pertinent part:
    If the person named in the administrative citation fails to petition
    the Board for review within 35 days from the date of service, the
    Board shall adopt a final order, which shall include the
    administrative citation and findings of violation as alleged in the
    citation, and shall impose the penalty specified in subdivision
    (b)(4) of Section 42.
    The County served respondent with the administrative citation on October 28, 1999.
    The deadline to file a petition for review with the Board was 35 days later, on
    December 2, 1999. However, respondent did not file its petition for review with the Board
    until December 15, 1999. As a result, the Board does not have jurisdiction to accept this matter
    for hearing. Instead, the Board must issue a final order finding a violation of the Act against
    respondent as alleged in the County’s October 27, 1999 administrative citation, which is
    attached hereto. As a result, the Board, on its own motion, vacates its January 6, 2000 order
    accepting this matter for hearing.
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    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board vacates its January 6, 2000 order in this matter. See County of
    Sangamon v. American Tree Service, Roy F. Throop (January 6, 2000), AC
    00-33
    2.
    The Board finds that respondent caused or allowed the open dumping of waste
    which resulted in open burning in violation of Section 21(p)(3) of the
    Environmental Protection Act. 415 ILCS 5/21(p)(3) (1998).
    3.
    Respondent shall pay the sum of $500 by February 22, 2000. Payment shall be
    made by certified check or money order to the Sangamon County Department of
    Public Health. The case number and case name must be included on the certified
    check or money order. In addition, the federal employer identification number
    for American Tree Service or the social security number for Roy F. Throop
    shall also be included on the check or money order.
    4.
    The check or money order and the County’s remittance form shall be sent by
    first class mail to:
    James Stone, Director
    Sangamon County Department of Public Health
    2501 North Dirksen Parkway
    Springfield, Illinois 62702
    5.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    IT IS SO ORDERED.
    Board Member E.Z. Kezelis abstained.
    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 101.246, 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 20th day of January 2000 by a vote of 5-0.
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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