ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    AMERICAN DISPOSAL SERVICES OF
    ILLINOIS, INC. and DAVE BRYANT,
    Respondents.
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    AC 01-14
    (IEPA No. 506-00-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 16, 2000, the Illinois Environmental Protection Agency filed an
    administrative citation with the Board against American Disposal Services of Illinois, Inc. and
    Dave Bryant, pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS
    5/31.1 (1998)). The administrative citation alleges that respondents conducted a sanitary
    landfill in a manner which resulted in uncovered refuse remaining from a previous operating
    day at the facility located in Pontiac, Livingston County, Illinois in violation of Sections
    21(o)(5) of the Act (415 ILCS 5/21(o)(5) (1998)). The statutory penalty established for each
    violation is $500 pursuant to Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5) (1998).
    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 5/31.1(d)(1)
    (1998). Accordingly, the Board finds that respondents have violated the provision of the Act
    alleged in the administrative citation, which is attached hereto.
    It is hereby ordered that:
    1. Respondents shall pay a civil penalty in the amount of $500 within 30 days of
    the date of this order, that is, on or before February 3, 2001.
    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:
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    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 violation
    continues.
    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 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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