ILLINOIS POLLUTION CONTROL BOARD
    February 17, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DOUBLE S MASONRY, INC., CURTIS R.
    SEEI, AND RONALD C. SEEI,
     
    Respondents.
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    AC 05-45
    (IEPA No. 651-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On January 7, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Double S Masonry, Inc. (Double S Masonry), Curtis R. Seei,
    and Ronald C. Seei (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleged that on November 22, 2005, the respondents violated Section
    21(p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (2002)). The Agency
    further alleges that the respondents violated this provision these provisions by causing or
    allowing the open dumping of waste in a manner that resulted in open burning at 18 Edgewood
    Drive, Geneseo, Henry County.
     
    As required, the Agency served the administrative citation on Double S Masonry and
    Curtis R. Seei 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 February 12, 2005. The respondents Double S Masonry, Inc. and Curtis R. Seei failed to
    timely file a petition. Accordingly, the Board finds that Double S Masonry and Curtis R. Seei
    violated Section 21(p) of the Act.
     
    On the other hand, there is no indication in the record that the Agency timely filed a copy
    of the administrative citation on Ronald C. Seei. Since the date of the inspection that resulted in
    the administrative citation was November 22, 2004, timely service of the administrative citation
    on that individual respondent was required by January 21, 2005. The Board must therefore
    dismiss that administrative citation as to Ronald C. Seei as not timely served on that respondent.
     
    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
     
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    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 administrative citation is hereby dismissed as to Ronald C. Seei.
     
    2. Double S Masonry and Curtis R. Seei must pay a civil penalty of $1,500 no later
    than March 21, 2005, which is the first business day after the 30th day after the
    date of this order.
     
    3. Double S Masonry and Curtis R. Seei 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 Double S Masonry’s and Curtis R.
    Seei’s social security number or federal employer identification number must be
    included on the certified check or money order.
     
    4. Double S Masonry and Curtis R. Seei 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
     
    5. 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)).
     
    6. 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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on February 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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