ILLINOIS POLLUTION CONTROL BOARD
July 23, 1998
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RICHARD HENDERSON d/b/a
HENDERSON SALVAGE,
Respondent.
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AC 98-35
(IEPA No. 208-98-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On June 2, 1998, 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 (1996)), alleging that respondent violated Section 21(p)(1) of the Act. 415 ILCS
5/21(p)(1) (1996). The statutory penalty established for each violation is $500 pursuant to
Section 42(b)(4) of the Act. 415 ILCS 5/42(b)(4) (1996).
In this matter, respondent has 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 31.1(d)(1) (1996). Accordingly, the Board finds that respondent has violated the
provision alleged in the administrative citation. Since there is one such violation, the total
penalty to be imposed is $500.
The Board hereby orders that:
1.
Respondent shall pay a civil penalty in the amount of $500, within 30 days of
the date of this order.
2.
Payment shall 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 respondent’s social security number or federal employer
identification number should also be included on the check (or money order).
3.
The check (or money order) and the remittance form shall be sent to:
Illinois Environmental Protection Agency
2
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 shall accrue interest
pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1996).
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 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days 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 23rd day of July 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board