ILLINOIS POLLUTION CONTROL BOARD
    November 4, 2004
     
    COUNTY OF SANGAMON,
     
    Complainant,
     
    v.
     
    JAMES WITHERS,
     
    Respondent.
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    AC 05-22
    (SCDPH No. 04-AC-2)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On September 7, 2004, the County of Sangamon timely filed an administrative citation
    against James Withers.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The
    County of Sangamon alleged that James Withers violated Section 21(p)(7) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(7) (2002)). The County of Sangamon further alleges
    that on August 18, 2004, James Withers violated this provision by causing or allowing the open
    dumping of waste in a manner that resulted deposition of general construction or demolition
    debris or clean construction or demolition debris at 3300 Ridgewood, Springfield, Sangamon
    County.
     
    On October 22, 2004, the Board received a letter from the County noting that Mr.
    Withers had “admitted guilt” and paid a $1,500 penalty. Accordingly, the Board finds that James
    Withers violated Section 21(p)(7) of the Act as alleged.
     
    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. James Withers must pay a civil penalty of $1,500 for one violation of Section 27
    (p)(7) of the Act.
     
    2. By letter of October 22, 2004, the County of Sangamon stated that James Withers
    has already paid this $1,500 penalty, and so no further payment is due concerning
    the August 18, 2004 violation.
     
     
    2
    3.
    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 November 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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