ILLINOIS POLLUTION CONTROL BOARD
    June 8, 2000
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    KNOX COUNTY LANDFILL
    COMMITTEE d/b/a KNOX COUNTY
    LANDFILL #3, and THOMAS D.
    WAGHER, an individual,
    Respondents.
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    AC 00-76
    (IEPA No. 151-00-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On April 10, 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 Section 21(o)(5) of the Act (415 ILCS 5/21(o)(5)
    (1998)). The statutory penalty established for each violation is $500 pursuant to Section
    42(b)(4) of the Act. 415 ILCS 5/42(b)(4) (1998).
    On June 5, 2000, complainant filed a motion for default judgment. Complainant
    acknowledged that it had not received return receipts from the United States Postal Service.
    Complainant states that “counsel for the Environmental Protection Agency (Agency) has
    checked with the Agency’s Fiscal Services Division, and has confirmed that respondents have
    paid the statutory monetary penalty payment of $500 as required.” Mot. at 1. Complainant
    also alleges in its motion that “ respondents’ timely payment of the administrative citation
    suggest that they do not wish to file a petition to contest the administrative citation.” Mot. at 2.
    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.,
    i.e
    .
    on or before May 18, 2000. 415 ILCS 5/31.1(d)(1) (1998). The Board grants complainant’s
    motion for default judgment. The Board finds that respondent has violated the provisions
    alleged in the administrative citation, which is attached hereto. Since there is one such
    violation, the total penalty to be imposed is $500.
    It is hereby ordered that:
    1.
    Respondent shall pay a civil penalty in the amount of $500 within 30 days of the
    date of this order.
    2
    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:
    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 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 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 8th day of June 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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