ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    KNOX COUNTY LANDFILL COMMITTEE
    and GREG INGLE,
     
    Respondent.
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    AC 05-58
    (IEPA No. 53-05-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On March 3, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Knox County Landfill Committee and Greg Ingle
    (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
    alleged that on January 21, 2005, respondents violated Section 21(o)(5) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(o)(5) (2002)). The Agency further alleges that respondents
    violated this provision by conducting a sanitary landfill operation in a manner that resulted in
    uncovered refuse remaining from a previous operating day or at the conclusion of an operating
    day at the site in rural Knox County, near Wataga.
     
    As required, the Agency served the administrative citation on respondents 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 April 5, 2005, as to the
    respondent Knox County Landfill Committee, and April 14, 2005, as to the respondent Greg
    Ingle. Respondents failed to timely file a petition. Accordingly, the Board finds that
    respondents violated Section 21(o) of the Act.
     
    The civil penalty for violating Section 21(o) is $500 for each violation. 415 ILCS
    5/42(b)(4) (2002); 35 Ill. Adm. Code 108.500(a). Because there is one violation of Section
    21(o), the total civil penalty is $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.
     
     
    2
    ORDER
     
    1.
    The Board finds that respondents violated Sections 21(o)(5) of the Act as alleged.
    Respondents must pay a civil penalty of $500 no later than May 23, 2005, which
    is the first business day after the 30th day after the date of this order.
     
    2.
    Respondents 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 respondents’ social security numbers or federal employer
    identification numbers must be included on the certified check or money order.
     
    3.
    Respondents 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 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 April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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