ILLINOIS POLLUTION CONTROL BOARD
    March 25,
    1993
    SANGAMON
    COUNTY,
    )
    )
    Complainant,
    )
    v.
    )
    AC
    92—32
    )
    (SHDPH 92-AC—B)
    CHARLES FUCHS,
    NANCY
    )
    (Administrative Citation)
    FUCHS,
    TROY CURLEY,
    and JUDITH CURLEY,
    )
    Respondents.
    ORDER OF THE BOARD
    (by 3. Theodore Meyer):
    This matter is before the Board on several filings.
    On
    March 22,
    1993,
    complainant Sangamon County filed a motion to
    dismiss the complaint as to respondents Charles Fuchs and Nancy
    Fuchs.
    On that same date,
    Sangamon County also filed a motion
    for default judgment against respondents Troy Curley and Judith
    Curley.
    Sangamon County contends that this administrative
    citation was filed with the Board on April 27,
    1992, that a copy
    of the citation was personally served on Troy Curley on April 14,
    1992,
    and that Judith Curley was served by leaving a copy with
    Troy Curley and by mailing a copy of the citation on April 20,
    1992.
    Sangamon County then maintains that neither Troy Curley
    nor Judith Curley have filed a petition for review of the
    citation, and moves the Board to enter a default judgment against
    the Curleys.
    Also on March 22,
    1993, respondent Troy Curley filed his
    response to the Board’s March 11,
    1993 order seeking information
    on the status of this case.
    In his response, Mr. Curley states
    that he was solely responsible in this case,
    and that he removed
    the debris within the time limit but was unable to notify the
    county because he had been evicted and was trying to find another
    home.
    Mr. Curley states that because he is on Social Security
    SSI, he cannot pay the fine in 30 days.
    The Board grants Sangamon County’s motion to dismiss Charles
    and Nancy Fuchs.
    The Board also grants the county’s motion for a
    default judgment against the Curleys.
    The statute is clear that
    “if the person named in the administrative citation fails to
    petition the Board for review within 35 days from the date of
    service, the Board shall adopt a final order, which shall include
    the administrative citation and findings of violation as alleged
    in the citation, and shall impose the penalty specified in
    subdivision’
    (b) (4) of Section 42.”
    (415 ILCS 5/31. 1(d) (1).)
    The
    Curleys did not file a petition for review within 35 days.
    Therefore, the Board has no choice under the statute but to enter
    a default judgment against the Curleys.
    However, the Board will
    ~f’~O-O27I
    extend the time for payment of the penalty from 30 days to one
    year.
    Therefore, pursuant to Section 31.1(d) (1), the Board finds
    that Troy Curley and Judith Curley have violated each and every
    provision alleged in the administrative citation.
    Since there
    is
    one violation, the total penalty to be imposed is set at $500.00.
    1.
    It is hereby ordered that,
    unless the ~enaltv has already
    been paid, within one year of the date of this order Troy
    Curley and Judith Curley shall,
    by certified check or money
    order payable to the Sangamon County Public Health
    Department, pay a penalty in the amount of $500.00 which is
    to be sent to:
    James
    D.
    Stone
    Director of Public Health
    Sangamon County Department of Public Health
    200 South Ninth Street, Room 301
    Springfield,
    IL
    62701
    2.
    Respondent shall include the remittance form and write the
    case name and number and their social security number on the
    certified check or money order.
    3.
    Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g)
    of the Environmental Protection
    Act.
    4.
    Payment of this penalty does not prevent future prosecution
    if the violation continues.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (But see also 35 Ill.Adm.Code 101.246 “Motions for
    Reconsideration” and Castenada v. Illinois Human Rights
    Commission
    (1989),
    132 Ill.2d 304,
    547 N.E.2d 437; Strube
    V.
    Illinois Pollution Control Board,
    No.
    3—92—0468,
    slip op. at 4—5
    (3d Dist.
    March 15,
    1993).)
    I, Dorothy H.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~
    day of
    _______________,
    1993, by a vote of
    ~
    ~
    ~.
    Dorothy M.~unn, Clerk
    Illinois Pollution Control Board
    0
    I ~3U-O272

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