ILLINOIS POLLUTION CONTROL BOARD
    November 15, 2001
     
    COUNTY OF OGLE,
     
    Complainant,
     
    v.
     
    GERALD A. MARTIN d/b/a MARTIN &
    COMPANY EXCAVATING, and KENNETH
    E. SHEELY,
     
    Respondents.
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    AC 02-12
    (OC No. 2001-1001)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On October 1, 2001, the County of Ogle (County) timely filed an administrative citation
    against Gerald A. Martin d/b/a Martin & Company Excavating and Kenneth E. Sheely
    (respondents).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The County
    alleges that respondents violated Section 21(p)(1), (p)(7)(i), and (p)(7)(ii) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(7)(i), (p)(7)(ii) (2000)). The County further
    alleges that respondents violated these provisions by causing or allowing open dumping resulting
    in litter, the deposition of general construction or demolition debris, and the deposition of clean
    construction or demolition debris in the 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 respondents 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 violations alleged and
    impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm. Code
    108.204(b), 108.406. Here, respondents failed to timely file a petition. Accordingly, the Board
    finds that respondents violated Section 21(p)(1), (p)(7)(i), and (p)(7)(ii) 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 are three violations of Section 21(p) and these violations are first offenses, the
    total civil penalty is $4,500. 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.
     
    2
    ORDER
     
    1. Gerald A. Martin d/b/a Martin & Company Excavating and Kenneth E. Sheely
    (respondents) must pay a civil penalty of $4,500 no later than December 15, 2001,
    which is the 30th day after the date of this order.
     
    2. Respondents must pay the civil penalty by certified check or money order, made
    payable to the Ogle County Solid Waste Fund. The case number, case name, and
    respondents’ social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. Respondents must send the certified check or money order and the remittance
    form to:
     
    Ogle County Treasurer’s Office
    Ogle County Courthouse
    Oregon, Illinois 61061
     
    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 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) (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.
     
     
    3
    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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