ILLINOIS POLLUTION CONTROL BOARD
    March 18, 2004
     
    COUNTY OF MONTGOMERY,
     
    Complainant,
     
    v.
     
    LANCE and CHRISTINE VERNISH,
     
    Respondents.
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    AC 04-35
    (Montgomery County No. 2003-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On January 23, 2004, the County of Montgomery timely filed an administrative citation
    against Lance and Christine Vernish.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The County of Montgomery alleged that Lance and Christine Vernish 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 of Montgomery further alleges that Lance and Christine Vernish
    violated these provisions by causing or allowing the open dumping of waste in a manner that
    resulted in (1) litter and (2) deposition of general construction or demolition debris or clean
    construction or demolition debris at lots 27 and 28 in Canady’s Addition to Hillsboro, in
    Montgomery County.
     
    As required, the County of Montgomery served the administrative citation on Lance and
    Christine Vernish 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, Lance and Christine Vernish
    failed to timely file a petition. Accordingly, the Board finds that Lance and Christine Vernish
    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
    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.
     
     
    2
    ORDER
     
    1. Lance and Christine Vernish must pay a civil penalty of $3,000 no later than
    A[ro; 17, 2004, which is the 30th day after the date of this order.
     
    2. Lance and Christine Vernish 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 Lance and Christine Vernish’s social security
    number or federal employer identification number must be included on the
    certified check or money order.
     
    3. Lance and Christine Vernish must send the certified check or money order and the
    remittance form to:
     
    Christine Daniels, County Coordinator
    Montgomery County Services
    P.O. Box 122
    Hillsboro, Illinois 62049
     
    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 March 18, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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