ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    FRED HONAKER,
    Respondent.
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    AC 96-31
    (IEPA No. 790-95-AC)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board upon the December 8, 1995 filing of an Administrative
    Citation pursuant to Section 31.1 of the Illinois Environmental Protection Act (Act) by the
    Illinois Environmental Protection Agency (Agency).
    The Agency alleges that on October 13, 1995, Fred Honaker, present owner of
    property located at 601 South Railroad Street in Lovington, Moultrie County, Illinois, violated
    Section 21(p)(1) of the Act by causing or allowing litter, and violated Section 21(p)(3) of the
    Act by causing or allowing open burning. The statutory penalty established for each violation
    is $500.00 pursuant to Section 42(b)(4) of the Act.
    Honaker filed a Petition for Review on December 15, 1995. Hearing was set for June
    27, 1996. On June 28, 1996 Honaker filed a Motion to Withdraw the Petition for Review.
    The Board grants the motion, and therefore, pursuant to Section 31.1(d), finds that Honaker
    has violated the provisions 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 penalty has already been paid, within 30
    days of the date of this order, Honaker shall, by certified check or money order payable to the
    Illinois Environmental Protection Fund, pay a penalty in the amount of $1,000.00, which is to
    be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    2
    2.
    Respondent shall include the remittance form and write the case name and
    number and his social security or federal Employer Identification Numbers 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.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill.Adm.Code
    101.246 "Motions for Reconsideration".)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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