ILLINOIS POLLUTION CONTROL
BOARD
April 23,
1992
OGLE
COUNTY
HEALTH
DEPARTMENT,
)
Complainant,
)
v.
)
AC
92—14
)
(County No.
92—B—1002)
BROWNING FERRIS INDUSTRIES,
)
(Administrative Citation)
)
Respondent.
ORDER
OF THE BOARD:
This matter comes before the Board upon a February 27,
1992
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by the Ogle
County Health Department.
A copy of that Administrative Citation
is attached hereto, but will not be printed in the Board’s
Opinion Volumes.
Service of the Administrative Citation was made
upon Browning Ferris Industries on February 27,
1992.
The Ogle
County Health Department alleges that on December 31,
1991,
Browning Ferris Industries, present owner and/or operator of a
ffacility located in the County of Ogle, and commonly known to the
Agency as BFI/Davis Junction Landfill, violated Section 21(o)(5)
of the Act.
The statutoa~ypenalty established for this violation
is $500.00 pursuant to Section 42(b)(4) of the Act.
Browning Ferris Industries has not filed a Petition for
Review with the Clerk of the Board within 35 days of the date of
service as allowed by Section 31.1(d) (2)
of the Act.
Therefore,
pursuant to Section 31.1(d) (1), the Board finds that Browning
Ferris Industries has violated the provision alleged in the
Administrative Citation.
Since there
is one
(1) such violation,
the total penalty to be imposed is set at $500.00.
1.
It is hereby ordered that, unless the penalty has already been
paid, within 30 days of the date of this order Browning Ferris
Industries shall,
by certified check or money order payable to
the Ogle County Treasurer, pay a penalty in the amount of
$500.00 which is to be sent to:
Ogle County Treasurer
Ogle County courthouse
P.O. Box 40
Oregon,
Illinois
61061
133—179
2
2. Respondent shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Number on the certified check or money
order.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
the violation continues.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1989,
ch.
111½, par. 1041,
provides for appeal of final
Orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above order was adopted on
the
~
day of
,
1992,
by a vote of
7—C
.
.1
~
-~
~
Dorothy M.r~unn,Clerk
Illinois P~llutionControl Board
133—180