ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2000
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    JACK BUSBY,
    Respondent.
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    AC 01-6
    (IEPA No. 334-00-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 1, 2000, the Illinois Environmental Protection Agency filed an administrative citation with the
    Board against Jack Busby (Busby), pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS
    5/31.1 (1998)). The administrative citation alleges that Busby caused or allowed open dumping resulting in litter
    and caused or allowed open dumping resulting in the proliferation of disease vectors at the facility located two miles
    east of Salem, Marion County, Illinois in violation of Sections 21(p)(1) and (p)(5) of the Act (415 ILCS 5/21(p)(1),
    (p)(5) (1998)). The statutory penalty established for each violation is $1,500 pursuant to Section 42(b)(4) of the Act.
    415 ILCS 5/42(b)(4) (1998).
    Busby has 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 5/31.1(d)(1) (1998). Accordingly, the Board finds that Busby has
    violated the provisions of the Act alleged in the administrative citation, which is attached hereto. Since there are two
    such violations, the total penalty imposed is $3,000.
    It is hereby ordered that:
    1.
    Busby shall pay a civil penalty in the amount of $3,000 within 30 days of the date of this order,
    that is, on or before October 21, 2000.
    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 respondent’s 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:
    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 21st day of September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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