ILLINOIS POLLUTION CONTROL BOARD
    May 3, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
     
    Complainant,
     
     
    v.
     
    DONALD BAUSER,
     
     
    Respondent.
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    AC 01-33
    (IEPA No. 111-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On March 19, 2001, the Illinois Environmental Protection Agency filed an
    administrative citation with the Board against Donald Bauser (Bauser), pursuant to Section 31.1
    of the Environmental Protection Act (Act) (415 ILCS 5/31.1 (1998)). The administrative
    citation alleges that Bauser caused or allowed open dumping resulting in litter and open burning
    at the facility located along Myrtle Street, north of Jacksonville, Morgan County, Illinois, in
    violation of Section 21(p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (1998)). The
    statutory penalty established for each violation is $1,500 pursuant to Section 42(b)(4-5) of the
    Act. 415 ILCS 5/42(b)(4-5) (1998).
     
    The record indicates that Bauser was served with the administrative citation on
    March 22, 2001. Bauser has 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 26, 2001) as required by Section
    31.1(d)(1) of the Act. 415 ILCS 5/31.1(d)(1) (1998). Accordingly, the Board finds that
    Bauser has violated the provisions of the Act alleged in the administrative citation, which is
    attached hereto.
     
    It is hereby ordered that:
     
    1.
    Bauser must pay a civil penalty in the amount of $3,000 within 30 days of the
    date of this order, that is, on or before June 2, 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
    name, and Bauser’s 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:
     
    2
     
     
      
    Illinois Environmental Protection Agency
     
      
    Attention: Fiscal Services
    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 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 101.520, Motions for Reconsideration.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 3rd day of May 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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