ILLINOIS POLLUTION CONTROL BOARD
    November 15, 2001
     
    COUNTY OF LASALLE,
     
    Complainant,
     
    v.
     
    DAVE EIBEN,
     
    Respondent.
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    AC 02-11
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On September 27, 2001, the County of LaSalle (County) timely filed an administrative
    citation against Dave Eiben (Eiben).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code
    108.202(c). The County alleges that Eiben violated Section 21(p)(1) of the Environmental
    Protection Act (Act) (415 ILCS 5/21 21(p)(1) (2000)). The County further alleges that Eiben
    violated this provision by causing or allowing open dumping resulting in litter. The
    administrative citation meets the content requirements of 35 Ill. Adm. Code 108.202(b).
     
    As required, the County served the administrative citation on Eiben within “60 days after
    the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    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) (2000); 35 Ill. Adm. Code
    108.204(b), 108.406. Here, Eiben failed to timely file a petition. Accordingly, the Board finds
    that Eiben violated Section 21(p)(1) 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) (2000); 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 part of the order below.
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
    ORDER
     
    1. Dave Eiben (Eiben) must pay a civil penalty of $1,500 no later than
    December 15, 2001, which is the 30th day after the date of this order.
     
    2. Eiben must pay the civil penalty by certified check or money order, made payable
    to the LaSalle County Department of Environmental Services and Land Use. The
     
    2
    case number, case name, and Eiben’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Eiben must send the certified check or money order and the remittance form to:
     
    LaSalle County Department of Environmental Services and Land Use
    119 West Madison Street
    Room 400
    Ottawa, Illinois 61350
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    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) (2000);
    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 November 15, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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