ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    COUNTY OF MACON,
     
    Complainant,
     
    v.
     
    MACON COUNTY LANDFILL 2 & 3,
    KEVIN SHAW, and JEFFERY LONDON,
     
    Respondents.
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    AC 03-22
    (MCSWMD No. 001-03-AC)
    (Administrative Citation)
        
          
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 11, 2003, the County of Macon timely filed an administrative citation against
    Macon County Landfill 2 & 3, Kevin Shaw, and Jeffery London (respondents).
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The County of Macon alleges that respondents
    violated Section 21(o)(5) and 21(o)(12) of the Environmental Protection Act (Act). 415 ILCS
    5/21(o)(5) and (o)(12) (2002). The County of Macon further alleges that respondents violated
    these provisions by operating a landfill in a manner that resulted in uncovered litter and in a
    failure to collect and contain litter at 1363 Bear Road, Decatur, Macon County, Illinois. The
    administrative citation meets the content requirements of 35 Ill. Adm. Code 108.202(b).
     
    As required, County of Macon served the administrative citation on Respondents within
    “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill.
    Adm. Code 108.202(b). To contest an administrative citation, a respondent must file a petition
    with the Board no later than 35 days after being served with the administrative citation. If the
    respondent fails to do so, the Board must find that the respondent committed the violations
    alleged and impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2002); 35 Ill. Adm.
    Code 108.204(b), 108.406. Here, Macon County Landfill 2 & 3, Kevin Shaw, and Jeffery
    London each failed to timely file a petition. Accordingly, the Board finds that Respondents
    violated Section 21(o)(5) and 21(o)(12) of the Act.
     
    The civil penalty for violating Section 21(o) is $500 for each violation. 415 ILCS
    5/42(b)(4) (2002); 35 Ill. Adm. Code 108.500(a). Because there are two violations of Section
    21(o) and these violations are first offenses, the total civil penalty is $1,000.00. Under Section
    31.1(d)(1) of the Act, the Board attaches the administrative citation and makes it part of the order
    below.
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
     
    2
    ORDER
     
    1. Respondents Macon County Landfill 2 & 3, Kevin Shaw, and Jeffery London
    must pay a civil penalty of $1,000.00 no later than May 31, 2003, which is the
    30th day after the date of this order.
     
    2. Respondents must pay the civil penalty by certified check or money order, made
    payable to the Macon County Solid Waste Management Department. The case
    number, case name, and Macon County Landfill 2 & 3 and Kevin Shaw and
    Jeffery London’s social security number or federal employer identification
    number must be included on the certified check or money order. Along with the
    payment, the respondents must complete and return the remittance form attached
    to the administrative citation.
     
    3. Respondents must send the certified check or money order and the remittance
    form to:
     
    Sherri L. Ludlam
    Macon County Solid Waste Management Department
    141 South Main Street, Room 501
    Decatur, Illinois 62523
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act. 35 ILCS 5/1003(a)
    (2002).
     
    5. Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on May 1, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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