ILLINOIS POLLUTION CONTROL BOARD
    May 7, 1998
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    PIKE COUNTY LANDFILL, INC. and
    TOM L. WEAVER,
    Respondents.
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    AC 98-23
    (IEPA No. 108-98-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the March 19, 1998, 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 Pike County Landfill, Inc. and Tom L. Weaver (respondents) on March 18 and 23,
    1998. The Agency alleges that on January 30, 1998, respondents, present owners and/or
    operators of a facility located in Pike County and commonly known to the Agency as New
    Salem/Pike County Landfill, violated Sections 21(o)(5) and (o)(12) of the Act (415 ILCS
    5/21(o)(5), (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)).
    Respondents have 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 respondents have violated the provisions alleged in the
    administrative citation. Since there are two such violations, 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, respondents 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
    P.O. Box 19276
    Springfield, Illinois 62794-9276
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    2. Respondents shall include the remittance form and write the case name and
    number and their 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 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 May 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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