ILLINOIS POLLUTION CONTROL BOARD
    June 6, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JAMES E. DEISHER,
    Respondent.
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    AC 96-45
    IEPA NO. 161-96
    (Administrative Citation)
    ORDER OF THE BOARD:
    This matter comes before the Board upon the April 25, 1996 filing of an administrative
    citation pursuant to Section 31.1 of the 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 James Deisher (Deisher) on April 15, 1996. The Agency alleges that
    on February 26, 1996, Deisher, present owner and/or operator of a facility located in
    Lawrence County and commonly known to the Agency as St. Francisville/Deisher, violated
    Sections 21(p)(1), 21(p)(2), and 21(p)(3) of the Act. The statutory penalty established for
    each violation is $500.00 pursuant to Section 42(b)(4) of the Act.
    Deisher 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 Deisher has violated the provisions 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, Deisher shall, by certified check or money order
    payable to the Illinois Environmental Protection Trust Fund, pay a penalty in
    the amount of $1,500.00, which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    2.
    Respondents 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.
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    3.
    Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
    of the 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 (1994)) 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 certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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