ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2001
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    CITY OF EAST MOLINE d/b/a EAST
    MOLINE MUNICIPAL LANDFILL and
    DAVID GEIER,
    Respondents.
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    AC 01-32
    (IEPA No. 053-01-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On March 9, 2001, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board against the City of East Moline d/b/a East Moline
    Municipal Landfill (Landfill) and David Geier (Geier), pursuant to Section 31.1 of the
    Environmental Protection Act (Act) (415 ILCS 5/31.1 (1998)). The administrative citation
    alleges that respondents failed to submit a supplemental permit application containing the
    results of the phase II groundwater assessment for their facility located in East Moline, Rock
    Island County, in violation of Section 21(o)(11) of the Act (415 ILCS 5/21(o)(11) (1998)).
    The statutory penalty established for each violation is $500 pursuant to Section 42(b)(4) of the
    Act. 415 ILCS 5/42(b)(4) (1998).
    The record indicates that respondents Landfill and Geier were served with the
    administrative citation on March 8, 2001, and March 7, 2001, respectively. Respondents have
    not filed a petition for review with the Clerk of the Board within 35 days of the date of service
    (
    i.e.,
    on or before April 12, 2001, and April 11, 2001, respectively) 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 provisions of the Act alleged in the administrative citation, which
    is attached hereto.
    It is hereby ordered that:
    1. Respondents must pay a civil penalty in the amount of $500 within 30 days of
    the date of this order, that is, on or before May 19, 2001.
    2. Payment must be made in the form of a certified check or money order, payable
    to the Illinois Environmental Protection Trust Fund. The case number, case
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    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 must be sent to:
    Illinois Environmental Protection Agency
    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 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 19th day of April 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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