ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2000
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    LANDFILL 33, LTD., an Illinois corporation,
    and RICHARD DEIBEL,
    Respondents.
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    AC 00-73
    (IEPA No. 120-00-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On March 28, 2000, complainant properly and timely filed an administrative citation
    with the Board pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS
    5/31.1 (1998)), alleging that respondent violated Sections 21(o)(5) and 21(o)(12) of the Act (415
    ILCS 5/21(o)(5), 21(o)(12)(1998)). The statutory penalty established for each violation is
    $1,500 pursuant to Section 42(b)(4) of the Act. 415 ILCS 42(b)(4) (1998), as amended by
    Pub. Act 91-82, eff. January 1, 2000.
    In this matter, respondents have not filed a petition for review with the Clerk of the
    Board within 35 days of the date of service as required by Section 31.1(d)(1) of the Act. 415
    ILCS 31.1(d)(1) (1998). Accordingly, the Board finds that respondents have violated the
    provisions alleged in the administrative citation, which is attached hereto. Since there are two
    such violations, the total penalty to be imposed is $3,000.
    1
    It is hereby ordered that:
    1.
    Respondents shall pay a civil penalty in the amount of $3,000 within 30 days of
    the date of this order.
    2.
    Payment shall 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 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 shall be sent to:
    1
    Complainant incorrectly lists the total civil penalty as $1,000. The statutory penalty
    established for each violation is $1,500 pursuant to Section 42(b)(4) of the Act. 415 ILCS
    42(b)(4) (1998), as amended by Pub. Act 91-82, eff. January 1, 2000.
    2
    Illinois Environmental Protection Agency
    Fiscal Services Division
    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 shall 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 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 18th day of May 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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