ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    HERBERT L. BOARD,
     
    Respondent.
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    AC 02-42
    (IEPA No. 50-02-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On March 11, 2002, the Illinois Environmental Protection Agency (Agency) filed a
    timely administrative citation against Herbert L. Board (respondent).
    See
    415 ILCS 5/31.1(c)
    (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Mr. Board violated Section
    21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)
    amended by
     
    P.A. 92-0574, eff. June 26, 2002). The Agency further alleges that Mr. Board violated these
    provisions because he caused or allowed the unpermitted open dumping of waste in a manner
    that resulted in litter. Mr. Board owns the property at issue, which is located West of Route 1
    in Elbridge Township, Edgar County. The administrative citation was based on an inspection
    by Agency Field Inspector Curt White on January 8, 2002.
     
    As required, the Agency served the administrative citation on Mr. Board within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    s
    ee 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 violation
    alleged and impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm.
    Code 108.204(b), 108.406.
     
    On April 15, 2002, Mr. Board timely filed a petition for review.
    See
    415 ILCS
    5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). On July 24, 2002, the Agency and Mr.
    Board filed a stipulation and proposed settlement, accompanied by a request for relief from the
    hearing requirement. Pursuant to the terms of the proposed settlement, Mr. Board admits the
    violation of Section 21(p)(1) of the Act, agrees to pay a $1,500 civil penalty, and agrees to
    dismissal of his petition for review. The Board accepts the stipulation and proposed
    settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
     
    2
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Pursuant to the stipulated agreement, the April 15, 2002, petition for review is
    dismissed. The Board finds that Mr. Board violated Section 21(p)(1) of the Act
    (415 ILCS 5/21(p)(1) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002),
    and must pay a civil penalty of $1,500, in monthly installments of $125,
    beginning on August 1, 2002, and continuing on the first of each month until
    paid in full.
     
    3.
    Mr. Board must pay the civil penalty by certified check or money order,
    payable to the Illinois Environmental Protection Trust Fund. The case number,
    case name, and Mr. Board’s social security number or federal employer
    identification number must be included on the certified checks or money orders.
     
    3.
    Mr. Board must send the certified checks or money orders 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) (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 violation
    continues.
     
    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 August 8, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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