ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
COUNTY
OF
CHRISTIAN,
)
Complainant,
)
v.
)
AC 93—4
)
(County No. None)
PEABODY COAL COMPANY,
)
(Administrative Citation)
)
Respondent.
ORDER
OF THE
BOARD:
This matter comes before the Board upon a January 21,
1993
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by the County of
Christian.
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 Peabody Coal
Company on January 14,
1993.
The County of Christian alleges
that on December 8,
1992,
Peabody Coal Company, present owner
and/or operator of a facility located in Christian County and
commonly known to the Agency as Taylorville/Peabody Coal Company,
violated Sections 21(p) (1) and 21(p) (4) of the Act.
The
statutory penalty established for each of these violations
is
$500.00 pursuant to Section 42(b)(4)
of the Act.
Peabody Coal Company 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 Peabody Coal Company
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 Denalty has already
been paid, within 30 days of the date of this order
Peabody Coal Company shall, by certified check or money
order payable to the Christian County Treasurer, pay a
penalty in the amount of $1,000.00 which is to be sent to:
County of Christian
Christian County Treasurer
P.O. Box 199
Taylorville,
Illinois
62568
0 kU-U 103
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.
111—1/2, 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 N.
Gunn,
Clerk of the Illinois Pollution Bqard,
hereby cer ify that the above order was adopted on the
//
~
day of
~
~~-‘~--~‘
,
1993,
by a vote of
~
.
~Dorothy
N.
Gur~uf,
Clerk
Illinois Pol~y.ItionControl Board
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