ILLINOIS POLLUTION CONTROL BOARD
    October 2, 1997
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    USA WASTE SERVICES, INC.,
    Respondent.
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    AC 98-7
    (IEPA No. 311-97-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the August 4, 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 Illinois Environmental Protection Agency (Agency). A copy of that
    administrative citation is attached hereto. Service of the administrative citation was made upon
    USA Waste Services, Inc. (respondent) on August 14, 1997. The Agency alleges that on June
    18, 1997, respondent, present owner and/or operator of a facility located in Woodford County
    and commonly known to the Agency as Woodford/Marshall County Landfill, violated Sections
    21(o)(5) and (o)(13) of the Act (415 ILCS 5/21(o)(5), (o)(13) (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 two (2) such violation, the total penalty to be imposed
    is set at $1,000.
    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 Illinois Environmental Protection Trust Fund, pay a penalty
    in the amount of $1,000 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    Springfield, IL 62702
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    2. Respondent shall include the remittance form and write the case name and
    number and his social security number 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 2nd day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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