ILLINOIS POLLUTION CONTROL BOARD
March 4, 1999
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 99-20
(IEPA No. 708-98-AC)
(Administrative Citation)
ORDER OF THE BOARD (by N.J. Melas):
On its own motion, the Board reconsiders its February 18, 1999 opinion and order in
this matter. The Board did not specifically address that part of the February 11, 1999
stipulation which provided that all allegations of violations against the Lawrence County
Disposal Centre, Inc., should be dismissed. The Board vacates its February 18, 1999 order in
this matter and enters a new order in its entirety below:
1.
The Board finds that respondents S & S Grading of Illinois, Inc., and Gary
McLaren allowed uncovered refuse to remain at the landfill from a previous
operating day litter in violation of 415 ILCS 5/21(o)(5) (1996).
2.
The Board finds that respondents S & S Grading of Illinois, Inc., and Gary
McLaren failed to collect and contain litter from the landfill by the end of each
operating day in violation of 415 ILCS 5/21 (o)(12) (1996).
3.
Respondents S & S Grading of Illinois, Inc., and/or Gary McLaren shall pay
the sum of $1,000 by March 22, 1999. Such payment shall be made by
certified check or money order payable to the Treasurer of the State of Illinois,
designated to the Environmental Protection Trust Fund. The case number and
case name, shall be included on the check (or money order). In addition, the
federal employer identification number (FEIN) for S & S Grading of Illinois,
Inc. or the FEIN or social security number for Gary McLaren shall also be
included on the check (or money order). The check (or money order) should
clearly indicate that payment is directed to the Environmental Protection Trust
Fund.
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4.
The check (or money order) shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
Any such penalty not paid within the time prescribed shall incur interest at the
rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
(35 ILCS 5/1003 (1996)), as now or hereafter amended, from the date payment
is due until the date payment is received. Interest shall not accrue during the
pendency of an appeal during which payment of the penalty has been stayed.
6.
The Board dismisses all allegations of violations in this matter against Lawrence
County Disposal Centre, Inc.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 4th
day of March 1999 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board