ILLINOIS POLLUTION CONTROL BOARD
    April 1, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    GLENN COOPER, BETTY COOPER, and
    RONALD GERNAY d/b/a RON’S
    SANDBLASTING, PAINTING, and POWER
    WASHING,
     
    Respondents.
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    AC 04-52
    (IEPA No. 44-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On February 26, 2004, the Agency timely filed an administrative citation against Glenn
    Cooper, Betty Cooper, and Ronald Gernay (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that the respondents violated Section 21(p)(1) of
    the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)). The Agency further alleges that
    the respondents violated these provisions by causing or allowing the open dumping of waste in a
    manner that resulted in litter at the north half of the southwest quarter of Section 33, Township
    18 North, Range 12 West of the Third Principal Meridian, located south of Beardstown on
    Routes 67 and 100, north of the Appaloosa Trailer Park, in Cass County.
     
    As required, the Agency 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, on March 9, 2004, the Agency submitted proof that Ronald Gernay had received
    service on February 25, 2004; consequently, any timely petition for review for this respondent
    would have to be postmarked on or before March 31, 2004. On March 15, 2004, the Agency
    submitted proof that Glenn and Betty Cooper received service on February 26, 2004;
    consequently, any timely petition for review for these respondents would have to be postmarked
    on or before April 1, 2004.
    See
    35 Ill. Adm. Code 101.300(b)(2).
     
    On March 25, 2004, respondents Glen Cooper and Ronald Gernay filed a handwritten,
    one-sentence “petition for review” of the administrative citation.
    See
    415 ILCS 5/31.1(d)
     
    2
    (2002); 35 Ill. Adm. Code 108.204(b). The Board finds that the petition for review is deficient
    for the following reasons:
     
    1. The petition states no basis for the appeal as required under 35 Ill. Adm. Code 108.206;
     
    2. The petition does not include an appropriate proof of service, as required under 35 Ill.
    Adm. Code 101.304;
     
    3. The respondents failed to file one signed original and nine copies of their petition for
    review, as required by 35 Ill. Adm. Code 101.302(h); and
     
    4. Glen Cooper cannot sign a petition for review on behalf of Betty Cooper. If Betty
    Cooper does not sign any amended petition, the Board must find her in violation as
    charged in the administrative citation.
     
    The Board directs the respondents to file an amended petition for review that corrects the
    above-described deficiencies before May 1, 2004 (30 days from the date of this order). If the
    respondents fail to file an adequate amended petition, the Board may dismiss the appeal filed on
    March 25, 2004 as inadequate and enter an order of default against the respondents, finding them
    in violation and assessing the statutory $1,500 penalty.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 1, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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