ILLINOIS POLLUTION CONTROL BOARD
    March 17, 2005
     
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    SOUTHERN ILLINOIS REGIONAL
    LANDFILL, INC., DOUG TICER, and
    GEORGE BROWNING,
     
    Respondents.
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    AC 05-48
    (Site# 0770200002)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On February 10, 2005, the County of Jackson timely filed an administrative citation
    against Southern Illinois Regional Landfill, Inc., Doug Ticer, and George Browning
    (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The County of
    Jackson alleged that on December 9, 2004, the respondents violated Section 21(o)(5) and (o)(12)
    of the Environmental Protection Act (Act) (415 ILCS 5/21(o)(5) and (o)(12) (2002)). The
    County of Jackson further alleges that the respondents violated these provisions by conducting a
    sanitary landfill operation in a manner that resulted in (1) uncovered refuse remaining from a
    previous operating day or at the conclusion of an operating day; and (2) failing to collect and
    contain litter by the end of each operating day at 1540 Landfill Road, DeSoto, in Jackson
    County.
     
    As required, the County of Jackson served the administrative citation on the 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 5/31.1(d)(1) (2002); 35 Ill. Adm.
    Code 108.204(b), 108.406. Here, any petition for review was due on February 18, 2005, as to
    the respondent Southern Illinois Regional Landfill, Inc., February 23, 2005, as to the respondent
    George Browning, and February 24, 2005, as to the respondent Doug Ticer. Each of the
    respondents failed to timely file a petition. Accordingly, the Board finds that each of the
    respondents violated Section 21(o) 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), the total civil penalty is $1,000. 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.
    The Board finds that the respondents violated Sections 21(o)(5) and (o)(12) of the
    Act as alleged. The respondents must pay a civil penalty of $1,000 no later than
    April 18, 2005, which is the first business day after the 30th day after the date of
    this order.
     
    2.
    The respondents must pay the civil penalty by certified check or money order,
    made payable to the Jackson County Treasurer’s Office. The case number, case
    name, and the respondents’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3.
    The respondents must send the certified check or money order and the remittance
    form to:
     
    Shirley Dillinger Booker
    Jackson County Treasurer
    Murphysboro, Illinois 62966
     
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 17, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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