ILLINOIS POLLUTION CONTROL BOARD
September 5, 1996
COUNTY OF WILL,
Complainant,
v.
ARTHUR HAMMEL,
Respondent.
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AC 96-60
WC 96 AC 4
(Administrative Citation)
ORDER OF THE BOARD (by J. Theodore Meyer):
This matter comes before the Board upon the June 26, 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 Arthur Hammel (Hammel) on June 21, 1996. The
County alleges that on May 15, 1996, Hammel, present owner and/or operator of a facility
located in Will County and commonly known to the County as Channahon Twp./Hammel
Property, violated Section 21(p)(3) of the Act. The statutory penalty established for this
violation is $500.00 pursuant to Section 42(b)(4) of the Act.
Hammel 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 Hammel has violated the provision alleged in the
administrative citation. Since there is one (1) such violation, the total penalty to be imposed is
set at $500.00.
1.
It is hereby ordered that, unless the penalty has already been paid, within 30
days of the date of this order, Hammel shall, by certified check or money order
payable to the County of Will, pay a penalty in the amount of $500.00, 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