ILLINOIS POLLUTION CONTROL BOARD
    September 17, 1998
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    LAWRENCE COUNTY DISPOSAL
    CENTRE, INC., S & S GRADING OF
    ILLINOIS, INC., and GARY MCLAREN,
    Respondents.
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    AC 99-6
    (IEPA No. 407-98-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 7, 1998, 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 (1996)), alleging that respondents violated Sections 21(o)(1), 21(o)(5), and 21(o)(12) of
    the Act (415 ILCS 5/21(o)(1), 21(o)(5), 21(o)(12) (1996)). The statutory penalty established
    for each violation is $500 pursuant to Section 42(b)(4) of the Act. 415 ILCS 5/42(b)(4)
    (1996). On September 8, 1998, complainant filed a motion to dismiss Gary McLaren as a
    respondent in this administrative citation. Complainant asserts that it was unable to complete
    service upon respondent within 60 days of the date of the observed violation as required by
    Section 31.1(b) of the Act (415 ILCS 5/31.1(b) (1996)). This motion is granted.
    In this matter, the remaining respondents have not filed a petition for review with the
    Clerk of the Board within 35 days of the date of service as required by Section 31.1(d)(1) of
    the Act. 415 ILCS 31.1(d)(1) (1996). Accordingly, the Board finds that respondents have
    violated the provisions alleged in the administrative citation, which is attached hereto. Since
    there are three such violations, the total penalty to be imposed is $1,500.
    It is hereby ordered that:
    1.
    Lawrence County Disposal Centre, Inc. and S & S Grading of Illinois, Inc.
    shall pay a civil penalty in the amount of $1,500 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).
    3.
    The check (or money order) and the remittance form shall be sent to:
    2
    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) (1996).
    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 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days 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 order was adopted on the 17th day of September 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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