ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    COUNTY OF VERMILION,
     
    Complainant,
     
    v.
     
    JERRY HATHAWAY and DARRELL
    CRIPE,
     
    Respondents.
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    AC 04-56
    (County No. 04-01)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On March 17, 2004, the County of Vermilion timely filed an administrative citation
    against Jerry Hathaway and Darrell Cripe (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The County of Vermilion alleged that the respondents violated Section
    21(p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(7) (2002)). The County
    of Vermilion further alleges that the respondents violated this provision by causing or allowing
    the open dumping of waste in a manner that resulted in deposition of general construction or
    demolition debris or clean construction or demolition debris at 1617 Perrysville Road, Danville,
    Vermilion County.
     
    As required, the County of Vermilion served the administrative citation on the
    respondents 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
    31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b), 108.406. Here, the respondents failed to timely
    file a petition. Accordingly, the Board finds that the respondents 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 is one violation of Section 21(p) and this violation is a first offense, the total civil
    penalty is $1,500. Under Section 31.1(d)(1) of the Act, the Board attaches the administrative
    citation and makes it a part of the order below.
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
     
    2
    ORDER
     
    1.
    The respondents must pay a civil penalty of $1,500 no later than June 5, 2004,
    which is the 30th day after the date of this order.
     
    2.
    The respondents 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 the respondents’ social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3.
    The respondents must send the certified check or money order and the remittance
    form to:
     
    Vermilion County Health Department
    200 South College Street
    Danville, Illinois 61832
     
    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 violation
    continues.
     
    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 May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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