ILLINOIS POLLUTION CONTROL BOARD
June 19, 1997
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
WILLIAM DECKER,
Respondent.
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AC 97-61
(IEPA No. 153-97-AC)
(Administrative Citation)
ORDER OF THE BOARD (by R.C. Flemal):
This matter comes before the Board upon the April 25, 1997 filing of an administrative
citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by the Illinois
Environmental Protection Agency (Agency). A copy of that administrative citation is attached
hereto. Service of the administrative citation was made upon William Decker (respondent) on
May 5, 1997. The Agency alleges that on March 19, 1997, respondent, present owner and/or
operator of a facility located in Livingston County and commonly known to the Agency as
Rooks Creek Twp./Decker, violated Sections 21(p)(1), 21(p)(3), and 21(p)(4) of the Act. The
statutory penalty established for each violation is $500.00 pursuant to Section 42(b)(4) of the
Act.
Respondent has not filed a petition for review with the Clerk of the Board within 35
days of the date of service as allowed by Section 31.1(d)(1) of the Act. Therefore, the Board
finds respondent has violated the provisions alleged in the administrative citation. Since there
are three (3) such violations, the total penalty to be imposed is set at $1,500.00.
1.
It is hereby ordered that, unless the penalty has already been paid, within 30
days of the date of this order, respondent shall, by certified check or money
order payable to the Illinois Environmental Protection Trust Fund, pay a penalty
in the amount of $1,500.00, which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794-9276
2.
Respondent shall include the remittance form and write the case name and
number and his social security or federal employer identification number on the
certified check or money order.
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3.
Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
of the Act.
4.
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 the date of
service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
(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 19th day of June 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board