ILLINOIS POLLUTION CONTROL BOARD
    January 20, 2005
     
    COUNTY OF LASALLE,
     
    Complainant,
     
    v.
     
    EARL CAZEL,
     
    Respondent.
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    AC 05-34
    (Site Code 0998175007)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On October 25, 2004, the County of LaSalle timely filed an administrative citation
    against Earl Cazel.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The County
    of LaSalle alleged that on September 30, 2004, Earl Cazel violated Section 21(p)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)). The County of LaSalle
    further alleges that Earl Cazel violated this provision by causing or allowing the open dumping
    of waste in a manner that resulted in litter Manilus Township, LaSalle County.
     
    As required, the County of LaSalle served the administrative citation on Earl Cazel
    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 5/31.1(d)(1) (2002); 35 Ill. Adm.
    Code 108.204(b), 108.406. Here, any petition for review was due on November 16, 2004. Earl
    Cazel failed to timely file a petition. Accordingly, the Board finds that Earl Cazel 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 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. Earl Cazel must pay a civil penalty of $1,500 no later than February 22, 2005,
    which is the first business day after the 30th day after the date of this order.
    2. Earl Cazel must pay the civil penalty by certified check or money order, made
    payable to the LaSalle County Department of Environmental Services and
     
    2
    Development. The case number, case name, and Earl Cazel’s social security
    number or federal employer identification number must be included on the
    certified check or money order.
     
    3.
    Earl Cazel must send the certified check or money order and the remittance form
    to:
     
    LaSalle County Department of Environmental Services and Development
    119 West Madison Street, Room 400
    Ottawa, Illinois 61350
     
    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 January 20, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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