ILLINOIS POLLUTION CONTROL BOAR!)
February 25,
1993
COUNTY
OF
WILL,
Complainant,
v.
)
AC 93—1
(County
No. WC 92 AC
2)
AMERICAN FLY ASH
COMPANY,
)
(Administrative Citation)
Respondent.
ORDER
OF THE
BOARD:
This matter comes before the Board upon
a January
5,
1993
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the County of
Will.
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 American Fly Ash on
January 5,
1993.
The County of Will alleges that on November 30,
1992, American Fly Ash, present owner and/or operator of a facility
located in Will County and commonly known to the Agency as American
Fly
Ash
Company,
violated
Section
21(0) (9)
of
the
Act.
The
statutory
penalty
established
for
this
violation
is
$500.00
pursuant to Section 42(b) (4)
of the Act.
American Fly Ash has 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 American Fly Ash has violated the
provision alleged in the Administrative Citation.
Since there is
one
(1) such violation, the total penalty to be imposed is set at
$500.00.
1.
It is hereby ordered that,
unless the Denaltv has already
been iaid,
within 30 days of the date of this order American
Fly Ash shall, by certified check or money order payable to
the County of Will, pay a penalty in the amount of $500.00,
which is to be sent to the attention of:
Kathy Sachtleben
Waste Services Analyst
Will
County
Land
Use Department
Solid Waste Division
501 Ella Avenue
Joliet,
Illinois
60433
0139-0651
2
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 upaid 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 N.
Gunn,
Clerk of the Illinois Pollution Control
Board, j~rebycertif
that the above order was adopted on the
~5~-’
day of
,
1993, by a vote of
-0
.
7
Dorothy N. ,qunn, Clerk
Illinois P~,1lutionControl Board
0139-0662