ILLINOIS POLLUTION CONTROL BOARD
    August 18, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    HUNTER GARRARD,
     
    Respondent.
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    AC 05-77
    (IEPA No. 188-05-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On June 13, 2005, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Hunter Garrard.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
    Code 108.202(c). The Agency alleged that on May 5, 2005, Hunter Garrard violated Section
    21(p)(1) and (p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(3)
    (2004)). The Agency further alleges that Hunter Garrard violated these provisions by causing or
    allowing the open dumping of waste in a manner that resulted in (1) litter; and (2) open burning
    at 1494 North 2040th Street, Flat Rock, Crawford County.
     
    As required, the Agency served the administrative citation on Hunter Garrard 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). 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 August 1, 2005. Hunter Garrard
    failed to timely file a petition. Accordingly, the Board finds that Hunter Garrard 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 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.
     
    ORDER
     
    1. The Board finds that Hunter Garrard violated Sections 21(p)(1) and (p)(3) of the
    Act as alleged. Hunter Garrard must pay a civil penalty of $3,000 no later than
     
    2
    September 19, 2005, which is the first business day after the 30th day after the
    date of this order.
     
    2.
    Hunter Garrard 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 Hunter Garrard’s social security number must be
    included on the certified check or money order.
     
    3.
    Hunter Garrard 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 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.
     
    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) (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. 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 August 18, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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