ILLINOIS POLLUTION CONTROL BOARD
    January 23,
    1992
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    V.
    )
    AC 91—53
    )
    (EPA Docket No.
    700-91—AC)
    CLARA L.
    FRANKL:N,
    )
    (Administrative Citation)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a December
    9, 1991
    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 Clara Franklin on December
    6,
    1991.
    The Agency alleges that on October
    16, 1991,
    Clara
    Franklin, present owner and/or operator of a facility located in
    Jersey County and commonly known to the Agency as
    Brighton/Franklin,
    violated Sections 2l(q)(l),
    2l(q)(3),
    and
    21(q)(4) of the Act.
    The statutory penalty established for each
    of these violations
    is $500.00 pursuant
    to Section 42(b)(4) of
    the Act.
    Clara Franklin has not filed a Petition for Review with the
    Clerk
    of the Board within
    35 days oe the date
    cf service as
    allowed by Section 31.l(d)(2)
    of the Act.
    Therefore, pursuant to
    Section 3l.l(d)(l),
    the Board
    finds that Clara Franklin has
    violated each and every provision alleged
    in the Administrative
    Citation.
    Since there are three
    (3)
    such violations,
    the total
    penalty
    to be imposed is set at $1,500.00.
    1.
    It
    is hereby ordered that, unless the penalty has already
    been paid, within
    30 days of the date of this Order Clara
    Franklin 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 $1,500.00 which is to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL
    62706
    12
    9—36 1
    —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,
    ch. lll~,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, ~.herebycer
    y that the above Order was adopted on the
    ~
    day of
    ~
    ,
    1992, by a vote of
    ~
    /7
    ~
    ~..
    ~
    L—borothy M. G~n, Clerk
    Illiflois Pol(Yution Control Board
    129—362

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