ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    U.S. SCRAP AND METAL,
     
    Respondent.
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    AC 04-54
    (IEPA No. 106-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On March 11, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against U.S. Scrap and Metal.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleged that U.S. Scrap and Metal violated Section 21(p)(1)
    of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)). The Agency further
    alleges that U.S. Scrap and Metal violated this provision by causing or allowing the open
    dumping of waste in a manner that resulted in litter at 1551 McBride Avenue, Decatur, Macon
    County.
     
    As required, the Agency served the administrative citation on U.S. Scrap and Metal
    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, U.S. Scrap and Metal failed to timely file a petition.
    Accordingly, the Board finds that U.S. Scrap and Metal 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 is one violation of Section 21(p) and this violation is a first offenses, 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. U.S. Scrap and Metal 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
    2.
    U.S. Scrap and Metal 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 U.S. Scrap and Metal’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3.
    U.S. Scrap and Metal 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.
     
    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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