ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2000
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    ENVIRONMENTAL RECLAMATION
    COMPANY d/b/a ERC LANDFILL and
    LARRY SHILLING,
    Respondents.
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    AC 01-10
    (IEPA No. 456-00-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On October 19, 2000, the Illinois Environmental Protection Agency filed an
    administrative citation with the Board against Environmental Reclamation Company d/b/a ERC
    Landfill and Larry Shilling, pursuant to Section 31.1 of the Environmental Protection Act (Act)
    (415 ILCS 5/31.1 (1998)). The administrative citation alleges that respondents conducted a
    sanitary landfill in a manner which resulted in uncovered refuse remaining from a previous
    operating day at the facility located along Route 316 West in Charleston, Coles County, Illinois
    in violation of 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)(4-5) (1998).
    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
    5/31.1(d)(1) (1998). Accordingly, the Board finds that respondents have violated the provision
    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. Respondents shall pay a civil penalty in the amount of $500 within 30 days of the
    date of this order, that is, on or before January 6, 2001.
    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:
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    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 7th day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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