ILLINOIS POLLUTION CONTROL BOARD
January 11,
1995
MONTGOMERY COUNTY,
ILLINOIS,
)
)
Complainant,
)
v.
)
AC 94—31
AC
94—47
(cons.)
)
(Administrative Citation)
ENVOTECH-ILLINOIS,
INC.
)
Respondent.
OPINION
AND
ORDER OF
THE
BOARD
(by
3.
Theodore Meyer):
This matter is before the Board on an agreed order for
settlement,
filed by complainant Montgomery County
(County) and
respondent Envotech—Illinois,
Inc.
(Envotech)
on October 19,
1994.
The parties state that they have agreed to the entry of an
order finding Envotech in violations of Section 21(o)
(5)
and
(12)
of the Environmental Protection Act
(Act)
(415 ILCS 5/21(0)
(5)
and
(12)
(1992)), and imposing a civil penalty of $1000.00 for
violations stated in AC 94—31 and $500.00 for violations stated
in AC
94—47.
The Board construes the agreed order as Envotech’s
request to withdraw its petition for review.
Pursuant to the agreed order filed by the parties, the Board
finds that on March 14 and March 30,
1994
Envotech caused or
allowed litter at the facility known to the County as Envotech
Illinois
Landfill, Site Code No.
1358150007,
located in
Montgomery County,
in violation
of
Section 21(o) (12) of the Act.
In addition, on May 13,
1994,
Envotech allowed uncovered refuse
remaining from a previous day at the same site in violation of
Section 21(o)
(5)
of the Act.
The total penalty to be imposed is
$1500.00.
ORDER
1.
It is hereby ordered that, unless the penalty has already
been paid,
Envotech shall, on or before February 20,
1995,
pay a penalty of $1500.00 by certified check or money order,
payable to the Illinois Environmental Protection Trust Fund.
The penalty shall be sent to:
Illinois Environmental Protection Agency
Fiscal Service Division
2200 Churchill Road,
P.O.
Box 19276
Springfield,
IL 62794—9276
?.
Envotech shall write the case name and number, and its
social security number or federal Employer
Identification
Number, on the certified check or money order.
2
3.
Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the 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
(1992)) 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 cert~jythat the a~oveopinion and order was
adopted on the
/
/
‘~
day of
~
,
1995, by a vote
of
~—&
.
C
/J1J
Dorothy M. 9~nn,Clerk
Illinois PrfLution Control Board