• ILLINOIS POLLUTION CONTROL BOARD
    January 21, 1993
    SANGAI4ON
    COUNTY,
    Complainant,
    v.
    )
    AC 92—83
    (SCDPH—92—AC—21)
    (Administrative Citation)
    FREDERICK
    MCAFEE,
    JAMES
    )
    MCAFEE,
    and
    MCAFEE’S
    )
    ILLINOIS
    SIDING
    AND
    )
    REMODELING
    COMPANY,
    )
    )
    Respondents.
    )
    ORDER
    OF
    THE
    BOARD:
    This matter comes before
    the
    Board upon. a November 30, 1992
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act (Act) by Sangamon
    County.
    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 Frederick
    and
    James
    McAfee
    on
    December
    2,
    1992.
    Sanqaaon County alleges
    that on October 23,
    1992, Frederick and James McAfee, present
    owners and/or operators of a facility located in Sangamon County
    and commonly
    known
    to the
    Agency
    as
    Woodside
    Township/McAfee,
    violated
    Sections 21(p) (1) and 21(p) (3) of the Act.
    The
    statutory
    penalty
    established
    for
    each
    of
    these
    violations
    is
    $500.00 pursuant to Section 42(b)(4) of the Act.
    Frederick
    and James McAfee 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) (2) of the Act.
    ‘Therefore,
    pursuant to Section 31. 1(d) (1), the Board finds that Frederick
    and James McAfee has violated each and every provision alleged in
    the Administrative Citation.
    Since there are two
    (2) such
    violations, the total penalty to be imposed is set at $1,000.00.
    1. It is hereby ordered that, unless the
    Density
    has
    already
    been
    ~id,
    within 30 days of the date of this order Frederick and
    James McAfee shall, by certified check or money order payable
    to the Sangamon County Public Health Department, pay a penalty
    in the amount of $1,000.00, which is to be sent to:
    James D. Stone
    Director of Public Health
    Sangamon County Department of Public Health
    200
    South
    Ninth
    Street
    -
    Room 301
    Springfield,
    Illinois
    62701
    0138-0537
    2
    2.
    Respondent
    shall
    include
    the
    remittance
    form
    and
    write
    the
    case
    name
    and
    number and their 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 ‘Illinois Environmental
    Protection Act.
    4. Payment of this penalty does not prevent future prosecution if
    the
    violation
    continues.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    ch. 111½,
    par.
    1041, provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO
    ORDERED.
    I, Dorothy H.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board, hereby certify,.-tbat the above
    order
    was
    adopted
    on
    the
    ~/~‘
    day
    1993, by a vote of
    ~-0.
    Control Board
    0138-0538

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