ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
    COUNTY OF SANGAMON,
     
    Complainant,
     
    v.
     
    LELAND COLE,
     
    Respondent.
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    AC 05-36
    (SCDPH No. 04-AC-3)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On November 9, 2004, the County of Sangamon timely filed an administrative citation
    against Leland Cole.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The County
    of Sangamon alleged that on September 19, 2004, Leland Cole violated Section 21(p)(1) and
    (p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(3) (2002)). The
    County of Sangamon further alleges that Leland Cole violated these provisions by causing or
    allowing the open dumping of waste in a manner that resulted in (1) litter; and (2) open burning
    at 6208 Reinder, Springfield, Sangamon County.
     
    As required, the County of Sangamon served the administrative citation on Leland Cole
    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 violation
    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 December 14, 2004.
    Leland Cole failed to timely file a petition. Accordingly, the Board finds that Leland Cole
    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.
     
    ORDER
     
    1. Leland Cole must pay a civil penalty of $3,000 no later than February 7, 2005,
    which is the first business day after the 30th day after the date of this order.
     
     
    2
    2.
    Leland Cole 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 Leland Cole’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3.
    Leland Cole must send the certified check or money order and the remittance
    form to:
     
    James D. Stone, Director
    Sangamon County Department of Public Health
    2501 North Dirksen Parkway
    Springfield, Illinois 62702
     
    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 January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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