ILLINOIS POLLUTION CONTROL BOARD
May 20,
1993
SANGAI’ION COUNTY,
Complainant,
v.
)
AC 93—12
(SCDPH-93-AC—3)
)
(Administrative Citation)
DAVE PHILLIPS and EARL
PHILLIPS,
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon a March 30,
1993
filing of an Administrative Citation pursuant to Section 31.1
of
the Illinois Environmental Protection Act
(Act)
by Sangainon
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 Dave and
Earl Phillips on March
31,
1993.
Sangamon County alleges that on
March
17,
1993 Dave and Earl Phillips, present owners and/or
operators of a facility located in Sangamon County and commonly
known to the Agency as Cooper Township/Phillips, violated
Sections 21(p) (1) and 21(p) (3)of the Act.
The statutory penalty
established for these violations is $500.00 pursuant to Section
42(b)(4)
of the Act.
Dave and Earl Phillips have 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 Dave and Earl
Phillips have 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 Dave and Earl
Phillips 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
Sangarnon
County
Department of Public Health
200
South Ninth Street
-
Room 301
Springfield,
Illinois
62701
0
132-~J6L~.9
2
2. Respondents 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 N.
Gunn,
Clerk of the Illinois Pollution Control
Boaçd,
hereby certify that the above order was adopted on the
~
day of
,
1993,
by a vote of
/7
7
~
A~.
Dorothy M. ,~x’nn, Clerk’
Illinois Pq3/Lution Control Board
01
~O65O