ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    GLENN COOPER, BETTY COOPER, and
    RONALD GERNAY d/b/a RON’S
    SANDBLASTING, PAINTING, and POWER
    WASHING,
     
    Respondents.
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    AC 04-52
    (IEPA No. 44-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On February 26, 2004, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Glenn Cooper, Betty Cooper, and Ronald Gernay
    (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
    alleges that the respondents violated Section 21(p)(1) of the Environmental Protection Act (Act)
    (415 ILCS 5/21(p)(1) (2002)). The Agency further alleges that the respondents violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in litter at
    the north half of the southwest quarter of Section 33, Township 18 North, Range 12 West of the
    Third Principal Meridian, located south of Beardstown on Routes 67 and 100, north of the
    Appaloosa Trailer Park, in Cass County.
     
    As required, the Agency served the administrative citation on the respondents 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 violation alleged and
    impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2002); 35 Ill. Adm. Code
    108.204(b), 108.406. Here, the respondents failed to timely file a petition. Accordingly, the
    Board finds that the respondents violated Section 21(p) of the Act.
     
    On March 9, 2004, the Agency submitted proof that Ronald Gernay had received service
    on February 25, 2004; consequently, any timely petition for review for this respondent would
    have to be postmarked on or before March 31, 2004. On March 15, 2004, the Agency submitted
    proof that Glenn and Betty Cooper received service on February 26, 2004; consequently, any
    timely petition for review for these respondents would have to be postmarked on or before April
    1, 2004.
    See
    35 Ill. Adm. Code 101.300(b)(2).
     
     
    2
    On March 25, 2004, respondents Glen Cooper and Ronald Gernay filed a handwritten,
    one-sentence “petition for review” of the administrative citation.
    See
    415 ILCS 5/31.1(d)
    (2002); 35 Ill. Adm. Code 108.204(b). By an order dated April 1, 2004, the Board found that the
    petition for review was deficient and allowed the respondents until May 1, 2004, to file an
    amended petition.
     
    The respondents did not file an amended petition. The Board dismisses the petition filed
    on March 25, 2004, as inadequate. The Board finds the respondents in violation of the Act as
    alleged in the administrative citation.
     
    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 is one violation of Section 21(p) and this violation is a first offense, the total civil
    penalty is $1,500. 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. The respondents must pay a civil penalty of $1,500 no later than June 5, 2004,
    which is the 30th day after the date of this order.
     
    2. The respondents 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 respondents’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3. The respondents 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 violation
    continues.
     
     
    3
    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 May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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