ILLINOIS POLLUTION CONTROL BOARD

May

1.,

1989

IN THE MATTER OF:

)

AMERICAN GRADING,

)

 ~C 89—65

)

 (IEPA Docket No. 9539—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon

 a March

24,

1989

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.

 Service

of

the

Administrative Citation was made upon American Grading

 on March

25, 1989.

 The Agency alleges

 that American Grading has violated

Sections 21(p)(5) and 21(p)(12)

of

 the Act.

 The statutory

penalty established for each of these violations

 is $500.00

pursuant

 to Section 42(b)(4)

of

 the Act.

American Grading 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.l(d)(2)

 of the Act.

 Therefore, pursuant

to

Section 31.l(d)(l),

 the Board finds that American Grading has

 Violated each

 arid

every provision alleged

 in the Administrative

Citation.

 Since there

 are two (2)

 such violations,

 the total

Penalty to be imposed

 is set at $1,000.00.

it

 is hereby ordered

 that,

 unless

 the penalty has already

been paid, within

 30 days of the date

of

 this Order American

Grading

 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

 $1,000.00 which

is

 to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

 IL 62706

IT

IS

 SO ORDERED.

99—65

—2—

I,

 Dorothy

M.

 Gunn, Clerk of the Illinois Pollution Control

Board, hereby ce tify that

 the above Order was adopted on the

//Z~

day

of

 1989,

by

 a vote of

 C’

Dorothy

 ,4uinn,

Cletk

 Illinois P&llution Control Board

99—66