ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JAMES QUALLS,
     
    Respondent.
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    AC 03-14
    (IEPA No. 0778005006)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by T. E. Johnson):
     
    On December 19, 2002, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against James Qualls (Qualls).
    See
    415 ILCS 5/31.1(c) (2002);
    35 Ill. Adm. Code 108.202(c). The Agency alleges that Qualls violated Section 21(p)(1), (5),
    and (7) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1), (5), (7) (2002). The
    Agency further alleges that Qualls violated these provisions by allowing the proliferation of litter
    and disease vectors and the deposition of general or clean construction or demolition debris at
    2642 Wilson Road in Ava, Jackson 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 Qualls 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, Qualls failed to timely file a petition. Accordingly, the Board finds
    that Qualls violated Section 21(p)(1), (5), and (7) of the Act. 415 ILCS 5/21(p)(1), (5), (7)
    (2002).
     
    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 the violations are first offenses, the total
    civil penalty is $4,500.
    See
    IEPA v. Keller, AC 03-10, slip op. at 1 (Nov. 21, 2002). 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. Qualls must pay a civil penalty of $4,500 no later than March 8, 2003, which is
    the 30th day after the date of this order.
     
    2. Qualls 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 Qualls’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    3. Qualls 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.
     
    Board Member G.T. Girard dissented.
     
    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 February 6, 2003, by a vote of 6-1.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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