ILLINOIS POLLUTION CONTROL BOARD
    April 7, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    HAROLD BRULEY,
     
    Respondent.
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    AC 05-55
    (IEPA No. 36-05-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On February 14, 2005, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Harold Bruley.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleged that on January 7, 2005, Harold Bruley violated
    Section 21(p)(1), (p)(3) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS
    5/21(p)(1), (p)(3) and (p)(7) (2002)). The Agency further alleges that Harold Bruley violated
    these provisions by causing or allowing the open dumping of waste in a manner that resulted in:
    (1) litter; (2) open burning; and (3) deposition of general construction or demolition debris or
    clean construction or demolition debris at the 800 block of West Jackson Street, Virden,
    Macoupin County.
     
    As required, the Agency served the administrative citation on Harold Bruley 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 21, 2005. Harold Bruley
    filed a petition for review on March 25, 2005. That petition was postmarked March 23, 2005.
    Thus, Harold Bruley failed to timely file a petition. Since the Board has no statutory authority to
    accept late-filed petitions for review, Harold Bruley’s petition is dismissed.
     
    Accordingly, the Board finds that Harold Bruley 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.
     
     
    2
    ORDER
     
    1. The Board dismisses Harold Bruley’s late-filed petition for review. The Board
    finds that Harold Bruley violated Sections 21(p)(1), (p)(3) and (p)(7) of the
    Environmental Protection Act as alleged. Harold Bruley must pay a civil penalty
    of $4,500 no later than May 6, 2005, which is the first business day after the 30th
    day after the date of this order.
     
    2. Harold Bruley 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 Harold Bruley’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Harold Bruley 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) (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.
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on April 7, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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