ILLINOIS POLLUTION CONTROL BOARD
    June
    1,
    1995
    SANGAMON COUNTY,
    )
    Complainant,
    AC 94—76
    v.
    )
    (SCDPH Case No.
    94-AC—22)
    (Administrative Citation)
    SLC OF SPRINGFIELD,
    INC.,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    Ii):
    This matter is before the Board pursuant to
    a motion to
    modify the Board’s opinion and order of April
    20,
    1995 filed by
    Sanganion County (County)
    on May
    3,
    1995.
    On April
    20,
    1995 the
    Board entered an opinion and order finding SLC of Springfield
    (SLC)
    in violation of Section 21(p) (1)
    of the Environmental
    Protection Act and assessed a five hundred dollar
    ($500.00)
    civil
    penalty pursuant to Section 42(b)
    of the Act.
    (415 ILCS
    5/21(p) (1) and 5/42(b)
    (1993).)
    However, the Board’s order
    directed SLC to pay the penalty to the Illinois Environmental
    Protection Agency (Agency).
    The County in its motion to modify
    requests the Board to modify the order to direct fifty percent
    (50)
    of the penalty to be paid to the Sangainon County Department
    of Public Health.
    The County bases this request pursuant to
    Section 42(b)(4)
    of the Act which states that “s)uch
    penalties
    shall be made payable to the Environmental Protection Trust Fund,
    to be used in accordance with the provisions of the Environmental
    Protection Trust Fund Act except that
    if
    a unit of local
    government issued the administrative citation,
    50
    of the civil
    penalty shall be payable to the unit of local government.”
    (415
    ILCS 5/42(b)
    (4)
    (1993).)
    The Board grants the County’s request to modify the order,
    and will vacate the Board’s April 20,
    1995 order.
    However,
    in
    reviewing the Board’s information concerning administrative
    citations and the assessment of the penalties when a unit of
    local government issues the administrative citation, the Board’s
    practice at the request of the Agency,
    is to direct that the
    entire penalty is to be sent to the unit of local government
    which in turn sends 50
    to the Agency.
    Therefore,
    for simplicity,
    the Board vacates the order
    portion of the opinion and order of April
    20,
    1995 and replaces
    it with today’s order.
    2
    ORDER
    1.
    Respondent,
    SLC of Springfield,
    Inc.,
    is hereby found
    to have violated 415 ILCS 5/21(p) (1)
    (1992).
    2.
    Within 30 days of this order,
    the Respondents shall pay
    the sum of five hundred dollars
    ($500.00) by check or money
    order to the Sangamon County Department of Public Health.
    The payment shall be mailed to:
    James D.
    Stone, N.A.
    Director of Public Health
    Sangamon County Department of Public Health
    200 South Ninth Street, Room 301
    Springfield,
    Il.
    62701
    3.
    SLC of Springfield shall write the case name and
    number, and its social security number or federal Employer
    Identification Number,
    on the certified check or money
    order.
    4.
    Penalties unpaid after the due date will accrue
    interest pursuant to Section 42(g)
    of the Environmental
    Protection Act.
    5.
    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 appeal of final orders of the Board
    within 35 days.
    The rules of the Supreme Court of Illinois
    establish filing requirements.
    See also,
    35 Ill.
    Adin.
    Code
    101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby ce
    fy that the above order was adopted on the
    /A’k
    day of
    ________________
    ,
    1995,
    by a vote of
    7C)
    ~Dorothy
    M4Gunn, tClerk
    Illinois ~l1ution
    Control Board

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