ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2005
     
    COUNTY OF KANKAKEE,
     
    Complainant,
     
    v.
     
    JAMES R. VINING,
     
    Respondent.
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    AC 05-78
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On June 16, 2005, the County of Kankakee timely filed an administrative citation against
    Municipal Trust & Savings Bank Trust # 1605.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
    Code 108.202(c). The County of Kankakee alleged that Municipal Trust & Savings Bank Trust
    # 1605 violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act (Act)
    (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)). The County of Kankakee further alleged that
    on April 25, 2005, Municipal Trust & Savings Bank Trust # 1605 violated these provisions by
    causing or allowing the open dumping of waste in a manner that resulted in (1) litter; (2) open
    burning; and (3) deposition of general construction or demolition debris or clean construction or
    demolition debris at East North Street, Bradley, Kankakee County.
     
    On June 27, 2005, the County of Kankakee filed a motion to amend the caption to delete
    Municipal Trust & Savings Bank Trust # 1605 and name James R. Vining as the respondent. In
    support of this motion, the County of Kankakee states that the Bank has informed it that Trust
    of service dated June 22, 2005, stated that
    administrative citation by certified mail. The
    July 19, 2005 indicates that James R. Vining
     
    Since James R. Vining has not filed a response to the motion, the Board deems any
    objection to the motion waived.
    See
    35 Ill. Adm. Code 101.500(d). As required, the County of
    Kankakee served the administrative citation on James R. Vining within “60 days after the date of
    the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm. Code 108.202(b).
    The Board grants the motion to remove the Bank as respondent and to add James R. Vining as
    sole respondent. The caption above reflects the change.
     
    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) (2004); 35 Ill. Adm. Code 108.204(b),
    108.406. Here, any petition for review was due on July 28, 2005. James R. Vining failed to
     
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    timely file a petition. Accordingly, the Board finds that James R. Vining 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) (2004); 35 Ill. Adm. Code 108.500(a).
    Because there are three violations of Section 21(p) and these violations are first offenses, the
    total civil penalty is $4,500. 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 Board finds that James R. Vining violated Sections 21(p)(1), (p)(3), and
    (p)(7) of the Act as alleged. James R. Vining must pay a civil penalty of $4,500
    no later than September 5, 2005, which is the first business day after the 30th day
    after the date of this order.
     
    2. James R. Vining must pay the civil penalty by certified check or money order,
    made payable to the County of Kankakee. The case number, case name, and
    James R. Vining’s social security number must be included on the certified check
    or money order.
     
    3. James R. Vining must send the certified check or money order and the remittance
    form to:
     
    County of Kankakee
    Planning Department, Solid Waste Division
    189 East Court Street, Suite 200
    Kankakee, Illinois 60901
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    5. Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    IT IS SO ORDERED.
     
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    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. 415ILCS 5/41(a) (2004);
    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.2dR.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 August 4, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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