ILLINOIS POLLUTION CONTROL BOARD
    October 3, 1996
    COUNTY OF WILL,
    Complainant,
    v.
    AMERICAN FLY ASH,
    Respondent.
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    AC 97-9
    (WC 97 AC 7)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the August 22, 1996 filing of an
    administrative citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by
    the County of Will (County). A copy of that administrative citation is attached hereto.
    Service of the administrative citation was made upon American Fly on August 14, 1996. The
    County alleges that on August 6, 1996 American Fly, present owner and/or operator of a
    facility located in Will County and commonly known to the County as Illinois Environmental
    Protection Agency Site No.1970500011, violated Sections 21(o)(2) and 21(o)(3) of the Act.
    The statutory penalty established for each violation is $500 pursuant to Section 42(b)(4) of the
    Act.
    American Fly 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)(1) of the Act. Therefore, the Board
    finds American Fly has violated the provisions alleged in the administrative citation. Since
    there are two (2) such violations, the total penalty to be imposed is set at $1,000.
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, American Fly shall, by certified check or money
    order payable to the County of Will, pay a penalty in the amount of $1,000,
    which is to be sent to:
    Will County Land Use Department
    Solid Waste Division
    Attn: Julie Juntunen, Waste Services Analyst
    501 Ella Avenue
    Joliet, Illinois 60433
    2.
    Respondent shall include the remittance form and write the case name and
    number and its 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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