ILLINOIS POLLUTION CONTROL BOARD
    September 18, 2003
     
    COUNTY OF SANGAMON,
     
    Complainant,
     
    v.
     
    WILLIAM MCGLAUCHLEN,
     
    Respondent.
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    AC 04-2
    (County No. 04-2)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 28, 2003, the County of Sangamon (County) timely filed an administrative
    citation against William McGlauchlen (McGlauchen).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). At issue is the County’s allegation that McGlauchlen violated Section
    21(p)(1) and (p)(3) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1) and (p)(3)
    (2002). The County further alleges that McGlauchlen violated these provisions by causing of
    allowing open dumping of waste in a manner that resulted in litter or open burning of waste.
    This site is located at 1616 North Dirksen Parkway, Springfield, Sangamon County. The
    administrative citation meets the content requirements of 35 Ill. Adm. Code 108.202(b).
     
    As required, the County served the administrative citation on McGlauchlen 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, McGlauchlen failed to timely file a petition. Accordingly, the Board
    finds that McGlauchlen violated Section 21(p)(1) and (p)(3) 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. 415 ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500(a).
    Because there are two violations of Section 21(p) and these violations are first offenses, the total
    civil penalty is $3,000. 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.
     
     
    ORDER
     
    1. William McGlauchlen must pay a civil penalty of $3,000 no later than
    October 18, 2003, which is the 30th day after the date of this order.
     
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    2. William McGlauchlen must pay the civil penalty by certified check or money
    order, made payable to the Sangamon County Department of Public Health. The
    case number, case name, and William McGlauchlen’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3. William McGlauchlen must send the certified check or money order and the
    remittance form to:
     
    James D. Stone, Director
    Sangamon County Department of Public Health
    2501 North Dirksen Parkway
    Springfield, Illinois 62702
     
    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 September 18, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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