ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LANDERS’ CHILDREN FAMILY, LLC, and
    RAY LANDERS,
     
    Respondents.
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    AC 05-49
    (IEPA No. 685-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On January 28, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against two respondents: Landers’ Children Family, LLC, and Ray
    Landers (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The
    Agency alleged that respondents violated Section 21(p)(1), (p)(4), and (p)(7) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(4), and (p)(7) (2002)). The
    Agency further alleges that on December 1, 2004 respondents violated these provisions by
    causing or allowing the open dumping of waste in a manner that resulted in (1) litter; (2)
    deposition of waste in standing or flowing waters; and (3) deposition of general construction or
    demolition debris or clean construction or demolition debris at 5000 and 5068 Dickey John
    Road, Auburn, Sangamon County.
     
    On February 18, 2005, the Agency filed a motion to dismiss the administrative citation
    for failing to serve respondent Landers’ Children Family, LLC within 60 days of the observed
    violation as required.
    See
    415 ILCS 5/31.1(b) and 35 Ill. Adm. Code 108.402. The Board issued
    an order that granted that motion and dismissed the administrative citation on March 3, 2005, as
    to both respondents.
     
    On April 6, 2005, the Agency filed a motion for reconsideration of the March 3, 2005
    order. In that motion, the Agency points out that its February 18, 2005 motion sought dismissal
    of the administrative citation for lack of timely service on the respondent Landers’ Children
    Family, LLC, and not as to the respondent Ray Landers. The record indicates that service on
    Ray Landers was completed on January 28, 2005. The Agency claims that the Board
    appropriately dismissed the administrative citation as to Landers’ Children Family, LLC, but
    should have entered a default order against Ray Landers, finding that he committed the
    violations as alleged and assessing liability against him for the violations.
     
     
    2
    RECONSIDERATION OF THE MARCH 3, 2005 BOARD ORDER
     
    The Board’s procedural rules provide that motions for the Board to modify its final orders
    must be filed within 35 days after the order is received (35 Ill. Adm. Code 101.520), and the
    Board finds that the Agency’s motion filed April 6, 2005, is timely. The Board grants the
    Agency’s motion for reconsideration. The Board finds that, due to an inadvertent administrative
    error, the March 3, 2005 order dismissed the administrative citation as to respondent Ray
    Landers. The Board vacates the order that issued March 3, 2005, in this matter, reinstates the
    administrative citation, and orders as follows:
     
    Dismissal of the Administrative Citation as to Landers’ Children Family, LLC
     
    On February 18, 2005, the Agency filed a motion to dismiss the administrative citation
    for failing to serve respondent Landers’ Children Family, LLC within 60 days of the observed
    violation as required.
    See
    415 ILCS 5/31.1(b) and 35 Ill. Adm. Code 108.402. The Board grants
    that motion and dismisses the administrative citation as to that respondent.
     
    Default Judgment on the Administrative Citation as to Ray Landers
     
    As required, the Agency served the administrative citation on respondent Ray Landers
    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 March 4, 2005. Ray
    Landers failed to timely file a petition. Accordingly, the Board finds that Ray Landers 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 three violations of Section 21(p) and these violations are first offenses, the
    total civil penalty is $4,500. 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.
     
    ORDER
     
    1. The Board hereby dismisses the administrative citation as to Landers’ Children
    Family, LLC.
     
    2. The Board finds that Ray Landers violated Sections 21(p)(1), (p)(4), and (p)(7) of
    the Act as alleged. Ray Landers must pay a civil penalty of $4,500 no later than
    May 23, 2005, which is the first business day after the 30th day after the date of
    this order.
     
    3
    3.
    Ray Landers 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 Ray Landers’ social security number or federal employer
    identification number must be included on the certified check or money order.
     
    4.
    Ray Landers 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
     
    5.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the 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)).
     
    6.
    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 April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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