ILLINOIS POLLUTION CONTROL BOARD
    June 7, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHN SHIRLEY,
     
    Respondent.
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    AC 01-36
    (IEPA No. 135-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On April 16, 2001, the Illinois Environmental Protection Agency filed an administrative
    citation with the Board against John Shirley (Shirley), pursuant to Section 31.1 of the
    Environmental Protection Act (Act) (415 ILCS 5/31.1 (2000)). The administrative citation
    alleges that Shirley caused or allowed open dumping resulting in litter, open burning, and the
    deposition of waste in standing or flowing waters at the facility located at 12403 Bell Lane,
    Marion, Williamson County, Illinois, in violation of Section 21(p)(1), (p)(3), and (p)(4) of the
    Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4) (2000)). 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) (2000).
     
    The record indicates that Shirley was served with the administrative citation on
    April 20, 2001. Shirley 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 May 25, 2001) as required by Section
    31.1(d)(1) of the Act. 415 ILCS 5/31.1(d)(1) (2000). Accordingly, the Board finds that
    Shirley has violated the provisions of the Act alleged in the administrative citation, which is
    attached hereto.
     
    It is hereby ordered that:
     
    1. Shirley must pay a civil penalty in the amount of $4,500 within 30 days of the
    date of this order, that is, on or before July 7, 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 Shirley’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
    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) (2000).
     
    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 (2000)) 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 7th day of June 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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