ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    OGLE COUNTY,
     
    Complainant,
     
    v.
     
    KENNETH GILLAND,
     
    Respondent.
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    AC 04-24
    (Ogle County No. 1418005001)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On November 25, 2003, Ogle County filed an administrative citation against Kenneth
    Gilland.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). Ogle County alleged
    that Kenneth Gilland 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)) (Act). Based on inspection conducted
    August 15, 2003 and September 24, 2003, Ogle County further alleges that Kenneth Gilland
    violated these provisions by causing or allowing the open dumping of waste in a manner that
    resulted in (1) litter; (2) open burning of waste; and (3) accumulation of clean or general
    construction or demolition debris at Ogle County.
     
    As required, Ogle County served the administrative citation on Kenneth Gilland within
    “60 days after the date of the observed violation” during the September 24, 2003 inspection. 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, Kenneth Gilland failed to
    timely file a petition. Accordingly, the Board finds that Kenneth Gilland violated Section 21(p)
    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 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.
     
    ORDER
     
    1. Kenneth Gilland must pay a civil penalty of $4,500 no later than February 7,
    2004, which is the 30th day after the date of this order.
     
    2
    2.
    Kenneth Gilland 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 Kenneth Gilland’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3.
    Kenneth Gilland must send the certified check or money order and the remittance
    form to:
     
    Ogle County State's Attorney Office
    Ogle County Courthouse
    110 South Fourth Street
    P.O. Box 395
    Oregon, IL 61061-0395
     
    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 January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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