ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LAWRENCE KRUEGER,
     
    Respondent.
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    AC 05-46
    (IEPA No. 647-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On January 7, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Lawrence Krueger.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleged that on November 30, 2004, Lawrence Krueger
    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 Agency further alleges that Lawrence Krueger 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 two tracts in Beecher City, Fayette County:
     
    (1) Beginning 52 rods south of the northeast corner of Section 36, Township 9 North, Range
    3 East of the Third Principal Meridian, running west 16 rods, thence south 10 rods,
    thence east 16 rods, thence north 10 rods to the place of beginning; and
     
    (2) Beginning at a point 62 rods south of the northeast corner of Section 36, Township 9
    North, Range 3 East of the Third Principal Meridian, running west 16 rods, thence north
    10 rods, thence west 24 rods, thence south 12 rods, thence east 40 rods, thence north 2
    rods to the place of beginning.
     
    As required, the Agency served the administrative citation on Lawrence Krueger 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 February 15, 2005.
    Lawrence Krueger failed to timely file a petition. Accordingly, the Board finds that Lawrence
    Krueger 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
     
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    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. The Board finds that Lawrence Krueger violated Sections 21(p)(1) and (p)(3) of
    the Act as alleged. Lawrence Krueger must pay a civil penalty of $3,000 no later
    than April 4, 2005, which is the first business day after the 30th day after the date
    of this order.
     
    2. Lawrence Krueger 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 Lawrence Krueger’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3. Lawrence Krueger 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.
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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