ILLINOIS POLLUTION CONTROL BOARD
    August
    8,
    1991
    COUNTY OF OGLE,
    Complainant,
    V.
    )
    AC 91—29
    (County No. 91—B—iDOl)
    (Administrative Citation)
    BROWNING’ FERRIS INDUSTRIES,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before
    the Board upon a June
    21, 1991
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act) by the County of
    Ogle.
    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 June 18,
    1991.
    The County of Ogle alleges that on
    April
    19,
    1991, Browning Ferris Industries,
    present owner and/or
    operator
    of
    a facility located in Ogle County, and commonly known
    to the Agency as EFI/Davis Junction Landfill, violated Section
    2l(p)(S)
    of
    the Act.
    The statutory penalty 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 3l.l(d)(2)
    c
    the Act.
    Therefore,
    pursuant
    to Section 3l.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.
    I.
    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 Solid Waste Fund, 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
    2.
    Respondent shall
    include the remittance form and write the
    case name and number and their
    social security or
    federal
    Employer Identificati~
    Number on the certified check
    or
    money order.
    125—5 1
    —2—
    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. lll~,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 I~SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boar4~J~erebycertify
    at the above Order was adopted on the
    ~
    day of
    ,
    1991,
    by a vote of
    7—a
    ~
    ~borothy
    M. p~/nn, Cler’k
    Illinois P~lutionControl Board
    125—52

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