ILLINOIS POLLUTION CONTROL BOARD

June

22,

1989

IN THE MATTER OF:

MERLE BUERKETT,

)

AC 89—87

(IEPA Docket No. 9615—AC)

Respondent.

ORDER OF THE BOARD:

This matter

comes before the Board upon

a May 12,

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 Merle Buerkett on

Flay 11,

1989.

The Agency alleges

that Merle Buerkett has violated

Sections 21(p)(5) and 2l(p)(7) of

the Act.

The statutory penalty

established

for each of these violations

is $500.00 pursuant

to

Section 42(b)(4)

of the Act.

Merle Buerkett 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 3l.l(d)(1),

the Board finds

that Merle Buerkett has

violated

each and 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

Merle

Buerkett 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.

100—30 1

---

—2—

I,

Dorothy

M.

Gurin, Clerk of the Illinois Pollution Control

Board, hereby certif

hat

the above Order was adopted on the

~Q”day

of

,

1989,

by a vote

of

7—0

Dorothy M.,9’unn, Clerk

Illinois P~ól1utionControl Board

100—302