ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    HARLEY LAFARY d/b/a LAFARY
    CONSTRUCTION, HARRIS LAFARY and
    LARRY PAYNE, SR.,
     
    Respondents.
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    AC 03-19
    (IEPA No. 720-02-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 13, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against the Harley Lafary (doing business as Lafary Construction),
    Harris Lafary, and Larry Payne, Sr. (collectively “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), (3), and (7) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1), (3), (7)
    (2002). The Agency further alleges that the respondents violated these provisions by causing or
    allowing the open dumping of waste in a manner resulting in (1) litter, (2) open burning, and (3)
    the deposition of general or clean construction or demolition debris at the northeast intersection
    of the East Fork La Moine River and County Road 2000 North, Walnut Grove Township,
    McDonough County. The administrative citation meets the content requirements of 35 Ill. Adm.
    Code 108.202(b).
     
    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 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, each respondent failed to timely file a petition. Accordingly, the
    Board finds that the respondents violated Section (p)(1), (3), and (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 three violations of Section 21(p) and these violations are first offenses, the
    total civil penalty is $4,500. The Board finds that the respondents are jointly and severally
     
    liable
    for payment of the civil penalty.
    See
    County of Ogle v. Rochelle Disposal Service, Inc. and City
    of Rochelle, Illinois, AC 94-37 (August 11, 1994, and April 20, 1995). Under Section 31.1(d)(1)
    of the Act, the Board attaches the administrative citation and makes it part of the order below.
     
    2
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
    ORDER
     
    1. The respondents must pay a civil penalty of $4,500 no later than April 7, 2003,
    which is the first business day following the 30th day after the date of this order.
     
    2. The respondents 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 the respondents’ social security numbers or federal
    employer identification numbers must be included on the certified check or
    money order.
     
    3. The respondents must send the certified check or money order and the remittance
    form to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    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.
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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