ILLINOIS POLLUTION CONTROL BOARD
    January 20, 2000
    COUNTY OF WILL,
    Complainant,
    v.
    PLUM VALLEY NURSERY and TIM
    VAN BAREN,
    Respondents.
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    AC 00-52
    WC 99 AC 07
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 29, 1999, the County of Will (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
    County of Will 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’ social
    security numbers or federal employer identification numbers should also be
    included on the checks (or money orders).
    3.
    The certified checks or money orders and the remittance form shall be sent to:
    2
    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 20th day of January 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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