ILLINOIS POLLUTION CONTROL BOARD
    September 18, 2003
     
    COUNTY OF VERMILION,
     
    Complainant,
     
    v.
     
    BILL WERNIGK,
     
    Respondent.
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    AC 04-10
    (County No. 03-02)
    (Administrative Citation)
     
         
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On September 8, 2003, County of Vermilion (County) timely filed an administrative
    citation against Bill Wernigk (Wernigk).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). At issue is the County’s allegation that Wernigk violated Section 21(p)(1) and (p)(7)
    of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1) and (p)(7) (2002). The County
    further alleges that Wernigk violated these provisions by causing or allowing open dumping
    resulting in litter and in deposition of general and clean construction and demolition debris at
    3585 East 3200 North Road, Potomac, Vermilion County. The administrative citation meets the
    content requirements of 35 Ill. Adm. Code 108.202(b).
     
    As required, the County served the administrative citation on Wernigk 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 31.1(d)(1) (2002); 35 Ill. Adm. Code
    108.204(b), 108.406. Here, Wernigk failed to timely file a petition. Accordingly, the Board
    finds that Wernigk violated Section 21(p)(1) and (p)(7) 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
    civil penalty is $3,000. On September 16, 2003, the County of Vermilion filed a letter with the
    Board stating that Bill Wernigk had acknowledged the violation cited in the administrative
    citation and had paid the civil penalty. 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. If the civil penalty has not been paid, Bill Wernigk must pay a civil penalty of
    $3,000 no later than October 18, 2003, which is the 30th day after the date of this
    order.
     
    2. Bill Wernigk 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 Bill Wernigk’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Bill Wernigk 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 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on September 18, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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