ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    JAMES QUALLS,
     
    Respondent.
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    AC 03-14
    (County No. 0778005006)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 6, 2003, the Board issued an opinion and order finding James Qualls
    (Qualls) violated Section 21(p)(1), (5), and (7) of the Environmental Protection Act (Act). 415
    ILCS 5/21(p)(1), (5), (7) (2002). Furthermore, the Board ordered James Qualls to pay a $4,500
    civil penalty by March 8, 2003. The Board ordered Qualls to send a certified check or money
    order to the Illinois Environmental Protection Agency (Agency).
     
    On February 27, 2003, the County of Jackson filed a motion to correct clerical error. The
    motion correctly indicated that the Board’s February 6, 2003 order mistakenly listed the Agency
    as the complainant rather than the County of Jackson. The Board’s order also directed Mr.
    Qualls to send his payment to the Agency rather than the County of Jackson.
     
    Generally, the Board will wait 14 days after service of a motion for a party to file a
    response. 35 Ill. Adm. Code 101.500(d). However, waiting for the 14 days to pass in this
    instance could cause undue delay and could materially prejudice the parties. Consequently, the
    Board grants the County of Jackson’s motion to correct clerical error prior to expiration of Mr.
    Qualls’ time to respond.
     
    As the Board held in its February 6, 2003 order, Mr. Qualls violated Section 21(p)(1), (5),
    and (7) of the Act.
    See
    415 ILCS 5/21(p)(1), (5), (7) (2002). Mr. Qualls must pay a $4,500 civil
    penalty to the County of Jackson.
    See
    IEPA v. Keller, AC 03-10, slip op. at 1 (Nov. 21, 2002);
    415 ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500(a).
     
    That portion of the Board’s February 6, 2003 order instructing Mr. Qualls to pay his civil
    penalty to the Agency is vacated. The corrected order is set out in its entirety below.
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
     
    2
    ORDER
     
    1. James Qualls must pay a civil penalty of $4,500 no later than April 5, 2003, which
    is the 30th day after the date of this order.
     
    2. James Qualls must pay the civil penalty by certified check or money order, made
    payable to the County of Jackson. The case number, case name, and James
    Qualls’s social security number or federal employer identification number must
    be included on the certified check or money order.
     
    3. James Qualls must send the certified check or money order and the remittance
    form to:
     
    Shirley Dillinger Booker
    Jackson County Treasurer
    Murphysboro, Illinois 62966
     
    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.
     
    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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