ILLINOIS POLLUTION CONTROL BOARD
February 6, 1997
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TAZEWELL RECYCLING AND
DISPOSAL FACILITY,
Respondent.
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AC 97-44
(IEPA No. 555-96-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon the December 19, 1996 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, but will not be printed in the Board’s opinion volumes. Service of the
administrative citation was made upon Tazewell Recycling and Disposal Facility (Tazewell) on
December 12, 1996. The Agency alleges that on October 13, 1996 respondent, present owner
and/or operator of a facility located in Tazewell County, violated Section 21(o)(5) of the Act.
The statutory penalty established for each violation is $500 pursuant to Section 42(b)(4) of the
Act.
Tazewell 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
Tazewell has violated the provision alleged in the administrative citation. Since there is one
(1) such violation, the total penalty to be imposed is set at $500.
1.
It is hereby ordered that, unless the penalty has already been paid, within 30
days of the date of this order,
Tazewell Recycling and Disposal Facility shall,
by certified check or money order payable to the Illinois Environmental
Protection Trust Fund, pay a penalty in the amount of $500, which is to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794-9276
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2.
Tazewell 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.
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 (1994)) 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 _____ day of ___________, 1997, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board