ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    COUNTY OF MACON,
     
    Complainant,
     
    v.
     
    DAVID BECK,
     
    Respondent.
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    AC 05-43
    (MCSWMD No. 2004-004-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On December 6, 2004, the County of Macon timely filed an administrative citation
    against David Beck.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The County
    of Macon alleged that on November 23, 2004, David Beck violated Section 21(p)(1) and (p)(7)
    of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The County
    of Macon further alleges that David Beck violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in (1) litter; and (2) deposition of general
    construction or demolition debris or clean construction or demolition debris at 2395 Sangamon
    Road, Decatur, Macon County.
     
    As required, the County of Macon served the administrative citation on David Beck
    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 violations
    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 10, 2005. David
    Beck failed to timely file a petition. Accordingly, the Board finds that David Beck 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 are two violations of Section 21(p) and these violations are first offenses, the total
    civil penalty is $3,000. 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.
     
     
    2
    ORDER
     
    1.
    The Board finds that David Beck violated Sections 21(p)(1) and (p)(7) of the Act
    as alleged. David Beck must pay a civil penalty of $3,000 no later than April 4,
    2005, which is the first business day after the 30th day after the date of this order.
     
    2.
    David Beck must pay the civil penalty by certified check or money order, made
    payable to the Macon County Solid Waste Management Department. The case
    number, case name, and David Beck’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3.
    David Beck must send the certified check or money order and the remittance form
    to:
     
    Sherri L. Ludlam
    Macon County Solid Waste Management Department
    141 South Main Street, Room 212
    Decatur, Illinois 62523-1293
     
    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 violations
    continue.
     
    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 March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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