ILLINOIS POLLUTION CONTROL BOARD
    November 1, 2001
     
    ILLINOIS ENVIRONMENTAL )
    PROTECTION AGENCY, )
     
      
      
      
      
      
    )
    Complainant, )
     
      
      
      
      
      
    )
    vs. ) AC 00-84
    ) (IEPA No. 248-00-AC)
    JAMES DAY, ) (Administrative Citation)
     
      
      
      
      
      
    )
    Respondent. )
     
    ROBERT J. SCHERSCHLIGT APPEARED ON BEHALF OF THE AGENCY.
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On July 26, 2001, the Board entered an interim opinion and order finding that James Day
    violated Sections 21(p)(1) and (3) of the Environmental Protection Act (Act) (415 ILCS
    5/21(p)(1), 21(p)(3) (2000)). The Board also found that the Illinois Environmental Protection
    Agency (Agency) and the Board were entitled to hearing costs under Section 42(b)(4-5) of the
    Act (415 ILCS 5/42(b)(4-5) (2000)). The Board directed the Agency and the Clerk of the Board
    to file affidavits of such costs with the Board and to serve the affidavits upon Day. The Board
    granted Day 14 days from the date of his receipt of the affidavits to file a response. The Board
    stated that it would thereafter issue a final order assessing the statutory penalty and assessing
    appropriate costs.
    On August 1, 2001, the Clerk of the Board filed an affidavit stating that the Board’s
    hearing costs were $957, and served Day with the affidavit on the same date by first-class mail.
    On August 13, 2001, the Agency filed a sworn statement of hearing costs with the Board seeking
    $181.25 in costs, and also served Day with the statement on the same date by first-class mail.
    Day did not respond to either the Clerk’s affidavit or the Agency’s statement of hearing costs.
    Accordingly, the Board orders Day to pay the statutory penalty of $3,000 for violating
    Sections 21(p)(1) and 21(p)(3) of the Act, (415 ILCS 5/21(p)(1), 21(p)(3) (2000) and to pay
    Board and Agency hearing costs in the amount of $957 and $181.25 respectively.
    This opinion constitutes the Board’s findings of fact and conclusions of law.
    ORDER
    1. The Board finds that respondent James Day (Day), violated Sections 21(p)(1) and
    21(p)(3) of the Environmental Protection Act (Act), 415 ILCS 5/21(p)(1),
    21(p)(3) (2000), and assesses Day the statutory penalty of $3,000 for the
    violations. The Board’s July 26, 2001 opinion and order is incorporated herein as
    if fully set forth.
     
    2
    2. Day must pay the $3,000 penalty within 35 days of the date of this order. For this
    penalty, Day must make a certified check or money order payable to the
    Environmental Protection Trust Fund in the amount of $3,000. Day must send the
    certified check or money orders by first-class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    Day must include the remittance form from the administrative citation and write
    the case name and number and his social security number on the certified check or
    money order.
     
    3. Within 35 days of the date of this order, Day must reimburse the Board for
    hearing costs in the amount of $957 by certified check or money order made
    payable to the General Revenue Fund. Day must send the payment by first-class
    mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    Day must write the case name and number and his social security number on the
    certified check or money order.
     
    4. Within 35 days of the date of this order, Day must also reimburse the Agency for
    hearing costs in the amount of $181.25 by certified check or money order made
    payable to the Environmental Protection Trust Fund. Day must send the certified
    check or money orders by first-class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    5. Penalties unpaid after the due date will accrue interest pursuant to Section 42(g)
    of the Act (415 ILCS 5/42(g) (2000)).
     
    6. Payment of this penalty does not prevent future prosecution if either violation
    continues.
     
     
    3
    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 1, 2001, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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