ILLINOIS POLLUTION CONTROL BOARD
    April 5, 2001
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    AMERICAN DISPOSAL SERVICES OF
    ILLINOIS, INC. d/b/a MCLEAN COUNTY
    LANDFILL and DANIEL WINTERS,
    Respondents.
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    AC 01-28
    (IEPA No. 052-01-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On February 20, 2001, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board against American Disposal Services of Illinois d/b/a
    McLean County Landfill (American Disposal) and Daniel Winters (Winters), pursuant to
    Section 31.1 of the Environmental Protection Act (Act) (415 ILCS 5/31.1 (1998)). The
    administrative citation alleges that respondents failed to collect and contain litter by the end of
    each operating day at the facility located in Bloomington, McLean County, Illinois, in violation
    of Section 21(o)(12) of the Act (415 ILCS 5/21(o)(12) (1998)). The statutory penalty
    established for each violation is $500 pursuant to Section 42(b)(4) of the Act. 415 ILCS
    5/42(b)(4) (1998).
    The record indicates that respondents American Disposal and Winters were served with
    the administrative citation on February 20, 2001, and February 21, 2001, respectively.
    Respondents have not filed a petition for review with the Clerk of the Board within 35 days of
    the date of service (
    i.e.,
    on or before March 27, 2001, and March 28, 2001, respectively) as
    required by Section 31.1(d)(1) of the Act. 415 ILCS 5/31.1(d)(1) (1998). Accordingly, the
    Board finds that respondents have violated the provisions of the Act alleged in the
    administrative citation, which is attached hereto.
    It is hereby ordered that:
    1. Respondents must pay a civil penalty in the amount of $500 within 30 days of
    the date of this order, that is, on or before May 5, 2001.
    2. Payment must 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 respondents’ social security number or federal employer
    identification number should also be included on the check or money order.
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    3. The check or money order and the remittance form must be sent to:
    Illinois Environmental Protection Agency
    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 accrue interest pursuant
    to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
    5. 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 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date 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 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 5th day of April 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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