ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
     
    Complainant,
     
     
    v.
     
    RCS, INC., MIKE WHITLOCK, and MIKE
    CASSONS,
     
     
    Respondents.
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    AC 01-41
    (IEPA No. 184-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 8, 2001, the Illinois Environmental Protection Agency (Agency) filed an administrative
    citation with the Board against RCS, Inc. (RCS), Mike Whitlock (Whitlock), and Mike Cassons
    (Cassons), pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS 5/31.1
    (2000)). The administrative citation alleges that respondents conducted a sanitary landfill operation in a
    manner which resulted in uncovered refuse remaining from a previous operating day and resulted in
    failure to collect and contain litter at the end of the operating day. These alleged violations occurred at
    the facility located at 1336 Crystal Road, Jerseyville, Jersey County, Illinois, in violation of Section
    21(o)(5) and (o)(12) of the Act (415 ILCS 5/21(o)(5), (o)(12) (2000)). The statutory penalty
    established for each violation is $500 pursuant to Section 42(b)(4) of the Act. 415 ILCS 5/42(b)(4)
    (2000).
     
    The record indicates that respondents RCS and Whitlock were served with the administrative
    citation on May 7, 2001, and Cassons was served with the administrative citation on May 11, 2001.
    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 June 11, 2001, and June 15, 2001, respectively) as required by Section
    31.1(d)(1) of the Act. 415 ILCS 5/31.1(d)(1) (2000). 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 $1000 within 30 days of the date
    of this order, that is, on or before July 21, 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
     
    2
    respondents’ social security number or federal employer identification number must 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) (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 21st day of June 2001 by a vote of 7-0.
     
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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