ILLINOIS POLLUTION CONTROL BOARD
    November 5, 1998
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    S & S GRADING OF ILLINOIS, INC.,
    Respondent.
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    AC 99-6
    (IEPA No. 407-98-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On August 7, 1998, complainant filed an administrative citation with the Board against
    Lawrence County Disposal Centre, Inc. (County Disposal), S & S Grading of Illinois, Inc.,
    and Gary McLaren. On September 8, 1998, complainant filed a motion to dismiss McLaren
    as a respondent because it was unable to complete service upon him. See 415 ILCS 5/31.1(b)
    (1996). In the Board’s September 17, 1998 order, the Board granted complainant’s motion to
    dismiss McLaren as a respondent and found that the remaining respondent, County Disposal
    and S & S Grading of Illinois, Inc., violated the provisions alleged in the administrative
    citation. The Board imposed a civil penalty in the amount of $1,500 on both respondents.
    On October 22, 1998, County Disposal filed a document entitled “Special and Limited
    Appearance of Lawrence County Disposal Centre, Inc., Challenging Personal and Subject
    Matter Jurisdiction” (Mot.). County Disposal challenges the Board’s personal and subject
    matter jurisdiction over County Disposal, and asks the Board to reconsider its September 17,
    1998 ruling against County Disposal. (Mot. at 1). Specifically, County Disposal alleges that
    complainant failed to properly serve the administrative citation on County Disposal, pursuant
    to Section 31.1(b) of the Environmental Protection Act, 415 ILCS 5/31.1(b) (1996) and 35 Ill.
    Adm. Code 103.123. (Mot. at 3).
    On October 28, 1998, the Agency filed a response to County Disposal’s motion. The
    Agency states that it does not object to the Board vacating its September 17, 1998 order, to the
    extent it entered a finding and penalty against County Disposal. Further, the Agency does not
    object to the Board dismissing the administrative citation as it relates to County Disposal.
    The Board grants County Disposal’s motion for reconsideration. The Board’s
    September 17, 1998 order is vacated to the extent that it entered a default order against County
    Disposal. The matter as to County Disposal is hereby dismissed.
    2
    Because the Board has dismissed both Gary McLaren and Lawrence County Disposal
    Centre, Inc. from this action, any further pleadings in this matter should include a caption
    naming S & S Grading of Illinois, Inc. as the sole respondent.
    For the convenience of the parties, that portion of the September 17, 1998 order which
    imposes a penalty against S & S Grading is set forth below.
    It is hereby ordered that:
    1. S & S Grading of Illinois, Inc. shall pay a civil penalty in the amount of
    $1,500, within 30 days of this order.
    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 respondent’s 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:
    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) (1996).
    5.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
    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 of Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 5th day of November 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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