ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2001
    COUNTY OF LASALLE,
    Complainant,
    v.
    CLARENCE and JANET BENSON,
    Respondents.
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    AC 01-23
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 2, 2001, the County of LaSalle filed an administrative citation with the
    Board against Clarence and Janet Benson (respondents), pursuant to Section 31.1 of the
    Environmental Protection Act (Act) (415 ILCS 5/31.1 (1998)). The administrative citation
    alleges that respondents caused or allowed open dumping resulting in litter at the facility
    located in Manlius Township, LaSalle County, Illinois, in violation of Section 21(p)(1) of the
    Act (415 ILCS 5/21(p)(1) (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 respondents were served with the administrative citation on
    December 20, 2000. 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 January 24, 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 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 $1,500 within 30 days of
    the date of this order, that is, on or before March 17, 2001.
    2. Payment must be made in the form of a certified check or money order, payable
    to the LaSalle County Department of Environmental Services and Land Use.
    The case number, case name, and respondents’ social security numbers or
    federal employer identification number should also be included on the check or
    money order.
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    3. The check or money order and the remittance form must be sent to:
    LaSalle County Department of Environmental Services and Land Use
    119 West Madison Street
    Room 400
    Ottawa, Illinois 61350
    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 15th day of February 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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