ILLINOIS POLLUTION CONTROL BOARD
February 3, 2000
WILL COUNTY,
Complainant,
v.
JAMES HAGGARD and JOAN
HAGGARD,
Respondents.
)
)
)
)
)
)
)
)
)
)
AC 00-59
(County No. WC 00 AC 01)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On December 15, 1999, the Will County (complainant) properly and timely filed an
administrative citation with the Board pursuant to Section 31.1 of the Environmental Protection
Act (Act) (415 ILCS 5/31.1 (1998)), alleging that respondents violated Sections 21(p)(1) and
21(p)(3) of the Act (415 ILCS 5/21(p)(1), 21(p)(3) (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).
In this matter, 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 alleged in the administrative citation, which is attached hereto. Since there are two
such violations, the total penalty to be imposed is $1,000.
It is hereby ordered that:
1.
Respondents shall pay a total civil penalty in the amount of $1,000 within 30
days of the date of this order.
2.
Payment shall be made in the form of two separate certified checks or money
orders. The first certified check or money order shall be made payable to the
Will County in the amount of $500. The second certified check or money order
shall be made payable to the Illinois Environmental Protection Trust Fund in the
amount of $500. The case number, case name, and respondents’ respective
social security numbers or federal employer identification numbers should also be
included on the checks or money orders.
2
3.
The certified checks (or money orders) and the remittance form shall be sent to:
Will County Land Use Department
Waste Services Division
Attention: Joy Heinz, Environmental Enforcement Officer
313 North Chicago Street
Joliet, Illinois 60432
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) (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 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 3rd day of February 2000 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board