ILLINOIS POLLUTION CONTROL BOARD
    July 10, 1997
    COUNTY OF VERMILION,
    Complainant,
    v.
    BRICKYARD DISPOSAL AND
    RECYCLING, INC.,
    Respondent.
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    AC 97-57
    (County File No. 97-01)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the April 8, 1997, filing of an administrative
    citation pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS 5/31.1
    (1996)) by the County of Vermilion (County). A copy of that administrative citation is
    attached hereto. Service of the administrative citation was made upon Brickyard Disposal and
    Recycling, Inc. (respondent) on April 3, 1997.
    1
    The County alleges that on February 24,
    1997, respondent, present owner and/or operator of a facility located in Vermilion County and
    commonly known to the County as Brickyard Disposal and Recycling, Inc., 601 E. Brickyard
    Road, Danville, Illinois, violated Sections 21(o)(1), 21(0)(5), and 21(o)(12) of the Act (415
    ILCS 5/1(o)(1), 21(o)(5), 21(o)(12) (1996)). The statutory penalty established for each
    violation is $500 pursuant to Section 42(b)(4) of the Act (415 ILCS 5/42(b)(4) (1996)).
    Respondent 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)(1) of the Act (415 ILCS 5/31.1(d)(1)
    (1996)). Therefore, the Board finds respondent has violated the provisions alleged in the
    administrative citation. Since there are three (3) such violations, the total penalty to be
    imposed is set at $1,500.
    1. It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, respondent shall, by certified check or money
    order payable to the County of Vermilion, pay a penalty in the amount of
    $1,500 which is to be sent to:
    Vermilion County Health Department
    200 South College Street
    Danville, Illinois 61832
    1
    The County’s June 24, 1997, filing asks that the remittance of the fine “stand as proof” that
    service was had as of April 3, 1997. The County has not received a signed receipt from the
    United States Post Office. Respondent paid the civil penalty on May 20, 1997.
    2
    2. Respondent shall include the remittance form and write the case name and
    number and its 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 Act (415 ILCS 5/42(g) (1996)).
    4.
    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 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 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 10
    th
    day of July 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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