ILLINOIS POLLUTION CONTROL BOARD
September 3,
1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 92—56
)
(IEPA Docket No. 341-92—AC)
JERAL MILLER d/b/a MILLER
)
(Administrative Citation)
TRUCKING and EXCAVATING,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a July 17,
1992
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency (Agency).
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 Jeral Miller on July
17,
1992.
The Agency alleges that on Nay 22,
1992, Jeral Miller,
present owner and/or operator of a facility located in Rock
Island County and commonly known to the Agency as East
Moline/Miller Trucking and Excavating, violated Sections 21(p) (1)
and 21(p) (3)
of the Act.
The statutory penalty established for
each of these violations
is $500.00 pursuant to Section 42(b)
(4)
of the Act.
Jeral Miller 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 Jeral Miller has
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 penalty has already been
paid, within 30 days of the date of this order Jeral Miller
shall,
by certified check or money order payable to the State
of Illinois and designated for deposit into the Environmental
Protection Trust Fund, pay a penalty in the amount of
$1,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
01 35-O5~7
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 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,
Ill. Rev.
Stat.
1989,
oh. 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 M.
Gunn, Clerk of the Illinois Pollution Control
Board,~.hereby certiy that the above order was adopted on the
~
day of
~
,
1992, by a vote of________
/d~~J
~Dorothy
M. G~inn, Clerk
Illinois P~lutionControl Board
O135-O5L~8