ILLINOIS POLLUTION CONTROL BOARD
    June 8, 2000
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    LANDFILL 33, LTD., an Illinois corporation,
    and RICHARD DEIBEL,
    Respondents.
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    AC 00-73
    (IEPA No. 120-00-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On March 28, 2000, complainant properly and timely filed an administrative citation
    with the Board pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS
    5/31.1 (1998)), alleging that respondent violated Sections 21(o)(5) and 21(o)(12) of the Act (415
    ILCS 5/21(o)(5), 21(o)(12) (1998)).
    On May 18, 2000, the Board issued an order incorrectly assessing the statutory penalty
    per violation at $1,500, for a total penalty of $3,000. In its order, the Board stated that Public
    Act 91-82, which became effective January 1, 2000, raised the statutory penalty to $1,500 per
    violation. In fact, Public Act 91-82 raised the statutory penalty to $1,500 for violations of
    Section 21(p) of the Act (415 ILCS 5/21(p) (1998)) only. Pursuant to Section 42(b)(4) of the
    Act (415 ILCS 5/42(b)(4) (1998)), the statutory penalty for a violation of Section 21(o) of the
    Act (415 ILCS 5/21(o) (1998)) remains at $500.
    Therefore, the Board amends its May 18, 2000 order to correct the statutory penalty to
    $500 per violation, for a total penalty of $1,000. The parties shall disregard the Board order
    issued on May 18, 2000, and comply with the following order.
    It is hereby ordered that:
    1.
    Respondents shall pay a civil penalty in the amount of $1,000 within 30 days of
    the date of this order.
    2.
    Payment shall be made in the form of a certified check or money order, payable
    to the Illinois Environmental Protection Trust Fund. The case number, case
    name, and respondents’ social security number or federal employer identification
    number should also be included on the check or money order.
    2
    3.
    The check or money order shall be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Penalties unpaid after 30 days of the date of this order shall accrue interest
    pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
    5.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 8th day of June by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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