ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROBERT A. POWER, JR. and SUSAN L.
    POWER,
     
    Respondents.
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    AC 03-29
    (IEPA No. 249-03-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 9, 2003, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Robert A. Power, Jr. and Susan L. Power (Powers).
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). At issue is the Agency’s allegation that the
    Powers violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act. 415
    ILCS 5/21(p)(1), (p)(3), and (p)(7) (2002). The Agency further alleges that the Powers violated
    these provisions by causing or allowing the open dumping of waste at Springfield/East Side
    Towing and Auto Salvage resulting in litter, open burning, and deposition of debris. This site is
    located at 2217 Dayton, Springfield, Sangamon 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 the Powers within “60 days
    after the date of the observed violation.”
    See
    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.
    See
    415 ILCS 31.1(d)(1) (2002); 35 Ill. Adm. Code
    108.204(b), 108.406. Here, the Powers failed to timely file a petition. Accordingly, the Board
    finds that the Powers violated Section 21(p)(1), (p)(3), and (p)(7) of the Act.
     
    The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a
    second or subsequent offense.
    See
    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 these violations are first offenses, the
    total civil penalty is $4,500. 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. The Powers must pay a civil penalty of $4,500 no later than July 19, 2003, which
    is the 30th day after the date of this order.
     
    2. The Powers 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 the Powers’ social security numbers or federal employer
    identification number must be included on the certified check or money order.
     
    3. The Powers 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.
     
    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 June 19, 2003, by a vote of 5-1.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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