ILLINOIS POLLUTION CONTROL BOARD
    October 6, 2005
     
    COUNTY OF PERRY,
     
    Complainant,
     
    v.
     
    JOSEPH GASSELL,
     
    Respondent.
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    AC 06-6
    (County No. PC 05-12)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    filed an administrative citation against
    Joseph Gassell.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
    Perry alleged that on August 1, 2005, Joseph Gassell violated Section 21(p)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2004)). The County of Perry further
    alleges that Joseph Gassell violated this provision by causing or allowing the open dumping of
    waste in a manner that resulted in litter at 489 Cherry Lake Road, DuQuoin, Perry County.
     
    As required, the County of Perry served the administrative citation on Joseph Gassell
    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
    If the respondent fails to do so, the Board must find that the respondent committed the violation
    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 September 23,
    2005. Joseph Gassell failed to timely file a petition. Accordingly, the Board finds that Joseph
    Gassell 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 is one violation of Section 21(p) and this violation is a first offense, the total civil
    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 Board finds that Joseph Gassell violated Sections 21(p)(1) of the Act as
    alleged. Joseph Gassell must pay a civil penalty of $1,500 no later than
    November 6, 2005, which is the first business day after the 30th day after the date
    of this order.
     
    2
    2.
    Joseph Gassell must pay the civil penalty by certified check or money order, made
    payable to the Perry County Treasurer’s Office. The case number, case name, and
    Joseph Gassell’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3.
    Joseph Gassell must send the certified check or money order and the remittance
    form to:
     
    Bill Taylor, Perry County Treasurer
    Perry County Government Building
    P.O. Box 158
    Pinckneyville, Illinois 62274
     
    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 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) (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 October 6, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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