ILLINOIS POLLUTION CONTROL BOARD
    February 1, 2001
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JOHN PRIOR and PRIOR OIL COMPANY,
    Respondents.
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    AC 01-20
    (IEPA No. 541-00-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 18, 2000, the Illinois Environmental Protection Agency filed an
    administrative citation with the Board against John Prior and Prior Oil Company, pursuant to
    Section 31.1 of the Environmental Protection Act (Act) (415 ILCS 5/31.1 (1998)). The
    administrative citation alleges that respondents caused or allowed open dumping resulting in
    litter and open burning at the facility located at 140 Gompers Street, Wamac, Washington
    County, Illinois, in violation of Sections 21(p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1),
    (p)(3) (1998)). The statutory penalty established for each violation is $1,500 pursuant to
    Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5) (1998).
    Respondents have not filed a petition for review with the Clerk of the Board within 35
    days of the date of service 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 $3,000 within 30 days of
    the date of this order, that is, on or before March 3, 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
    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 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 violations
    continue.
    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 1st day of February 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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