ILLINOIS POLLUTION CONTROL BOARD
    January 9,
    1992
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    AC 91—38
    )
    (IEPA No.
    477-91—AC)
    DANNY W. MAINS,
    )
    (Administrative Citation)
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board on the December
    13,
    1991
    motion
    to
    strike
    petition
    for
    review,
    vacate
    hearing
    officer
    scheduling order,
    and adopt default.order
    filed by
    •the Illinois
    Environmental
    Protection
    Agency
    (Agency).
    In
    support
    of
    its
    motion,
    the
    Agency
    states
    that
    respondent
    failed
    to
    file
    his
    petition
    for
    review
    within
    the
    proscribed
    time
    limits
    and,
    therefore,
    the Board does not have jurisdiction.
    Respondent filed a response to the Agency’s motion on December
    19,
    1991.
    Respondent states that he was unable to retain
    legal
    counsel in the early stages of this matter and that his petition
    was only two days beyond the maximum allowed time to file with the
    Board.
    Section 31.1 of the Act sets forth the time limits and Board
    actions
    to
    be
    taken
    in
    an
    administrative
    citation
    procedure.
    Section 31.1(d) (1) specifically states that a petition for review
    must
    be filed within
    35 days and
    if it
    is not the Board
    “shall”
    ‘issue
    a default order assessing the statutory penalty.
    (Ill.
    Rev.
    Stat.
    1990 Supp.,
    ch.
    111 1/2, par. 1031.1(d)(1).)
    The respondent
    in this matter did not file a petition for review within the 35 day
    period.
    Therefore,
    the Agency motion to strike the petition for
    review and vacate the hearing officer scheduling order is granted.
    A default order is issued below.
    On August 20, 1991, an Administrative Citation was filed with
    the Board pursuant to Section 31.1 of the Illinois 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
    Danny Mains on August
    16,
    1991.
    The Agency alleges that on June
    19,
    1991,
    Danny Mains, present operator of a facility located in
    the County of Bond, violated Sections 2l(q)(1) and21(q)(3) of the
    Act.
    The statutory
    penalty
    established
    for
    each violation
    is
    129—117
    $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Respondent
    did
    not
    file
    a
    timely
    petition
    for
    review.
    Therefore,
    pursuant to Section 31.1(d) (1),
    the Board finds that
    Danny Mains
    has violated the provisions
    alleged
    in the amended
    Administrative Citation.
    Since there are two
    (2) such violations,
    the total penalty to be imposed is $1000.00.
    1.
    It is hereby ordered that, unless the penalty has already been
    raid,
    within 30 days of the date of this Order Danny Mains
    shall, by certified check or money order payable to the State
    of Illinois and designated for deposit into the Environmental
    Protection Trust Fund, pay a penalty in the amount of $1000.00
    which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL.
    62706.
    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 M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    at the above
    Order
    was
    adopted
    on
    the.
    ~tZZT
    day
    of
    ________________,
    1992,
    by
    a
    vote
    of
    ~borothy M. G~n, Clerk
    Illinois Po~jutionControl Board
    129—118

    Back to top