ILLINOIS POLLUTION CONTROL BOARD
February 25, 1993
COUNTY OF MADISON,
)
)
Complainant,
)
v.
)
AC 92—76
)
(County Docket No.
92-02)
DUANE ARNOLD,
)
(Administrative
Citation)
)
Respondent.
COUNTY OF MADISON,
)
)
Complainant,
)
V.
)
AC 92—80
)
(County Docket No. 92-03)
LAKESIDE ROOFING
COMPANY,
)
(Administrative
Citation)
)
(consolidated)
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
This matter comes before the Board upon respondents’ February
9,
1993, motion to withdraw the petition for review.
Respondents
filed the petition for review with the Board on December 7, 1992.
In the motion respondents state that because of business demands
Duane Arnold would not have time to testify at the upcoming
hearing.
(Mot. at
1.)
Therefore, respondents state, that they
would prefer to pay the $1,000.00 fine then to leave their
business affairs unattended in order to be at the hearing.
(Mot.
at 1.)
The Board hereby grants respondents motion to withdraw the
petition for review.
The Administrative Citations
(AC)
in this case were filed on
November 2,
1992, and November 13,
1992, pursuant to Section 31.1
of the Illinois Environmental Protection Act
(Act)
by the County
of Madison
(County).
The authority to issue AC5 was delegated to
the County pursuant to Section 4(r) of the Act.
(415 ILCS 5/31.1
and 5/4(r)
(1992).)1
A copy of the ACs is attached hereto, but
will not be printed in the Board’s opinion Volumes.
Service of
the ACe was made upon the respondents on October 20,
1992.
The
County alleges that on September 8, 1992, Duane Arnold and
1The Act was previously codified at 1991,
Ill.Rev.Stat.
ch.
111 1/2 1001 et.
seq.
0139-0653
2
Lakeside Roofing Company, present owners and/or operators of a
facility located in Madison County, and commonly known to the
County as Granite City/Lakeside Roofing, violated Sections
21(p) (1)
‘and 21(p) (3)
of the Act.
The statutory penalty
established for such violations is $500.00 per violation or
$1,000.00 pursuant to Section 42(b)(4)
of the Act.
Respondents have withdrawn their petition for review.
Therefore, they 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, the Board pursuant to
Section 31.1(d) (1)
finds that the respondents have violated the
provisions alleged in the AC.
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 penalty has already been
paid,
within
30 days of the date of this order
Duane
Arnold
and/or Lakeside Roofing Co.
shall, by certified check or money
order
payable
to
the General
Fund—Solid Waste
Fine,
pay
a
penalty in the amount of $1,000.00 which is to be sent. to the
attention of John N.
Shimkus:
County Treasurer
157 N. Main St.
Edwardsville,
IL 62025
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 this violation continues.
Section 41 of the Environmental Protection Act (415 ILCS 5/41
(1992).) provides for appeal of final orders of the Board within
35 days.
The rules of the Supreme Court of Illinois establish
filing requirements.
(But see also 35 Ill. Adm. Code 101.246,
Motions for Reconsideration, and Castenada v. Illinois Human
Rights Commission
(1989),
132 Ill. 2d 304,
547 N.E.2d 437.)
IT IS SO ORDERED.
J. Theodore Meyer dissented.
01 39-065t~
3
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board
hereby certify
t the above order was adopted on the
_______
day of
.
,
1993, by a vote of
~L.
/L~”
Dorothy M.,4znn, Clei~k
Illinois ~3~lution Control Board
0139-0655