ILLINOIS POLLUTION CONTROL BOARD
    January
    25, 1990
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    v.
    )
    AC 89—138
    (Docket A
    &
    B)
    (IEPA Docket
    No.
    9698—AC)
    (Administrative Citation)
    DR. JOHN DONOVAN,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Marlin):
    This matter
    comes before the Board upon oral motion
    by
    Respondent
    Dr. John Donovan
    (Donovan)
    to withdraw his Petition
    for Review,
    said oral Motion having been made
    at hearing held
    upon this matter on October
    26,
    1989 by Respondent’s Attorney.
    Because Respondent Donovan has withdrawn his Petition for Review
    this matter proceeds as
    a default at hearing.
    On June
    28,
    1989
    an Administrative Citation pursuant to
    Section
    31.1
    of the Act was filed with
    the Board by the
    Environmental Protection Agency
    (Agency).
    The Agency alleges
    that Donovan violated Section 21(q)(l)
    of
    the Act.
    The statutory
    penalty established for this violation
    is $500.00 pursuant
    to
    Section 42(b)(4)
    of
    the Act.
    On July 21,
    1989 the firm of
    Barber,
    Segatto, Hoffel and Hines,
    by Randall
    W.
    Segatto, entered
    their appearance on behalf
    of Respondent and petitioned the Board
    for review of the Administrative Citation.
    Service was not
    contested.
    Respondent
    Donovan has now withdrawn his Petition for Review
    with
    the Board.
    Therefore,
    pursuant to
    Section 31.2 of
    the Act,
    the Board finds
    that Donovan 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.
    It
    is hereby ordered
    that,
    unless the penalty has a1re~
    been paid,
    within
    30 days
    of the date of this Order, Donovan
    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 $500.00
    which
    is to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    107—2 15
    2
    For purposes of review,
    today’s action
    (Docket
    A) constitutes
    the Board’s
    final action on the matter of the civil penalty.
    In addition
    to the above, within
    30 days of this Order,
    the
    Illinois Environmental Protection Agency shall file a statement
    of hearing costs with the Board,
    supported by affidavit and with
    service upon Dr. John Donovan.
    Within that same
    30 days,
    the
    Clerk of
    the Pollution Control Board shal.
    file a statement of
    the Board’s costs,
    supported by affidavit and with service upon
    Dr. John Donovan.
    Such filings shall be entered
    in Docket
    B of
    this matter.
    Respondent
    is hereby given leave
    to file
    a reply/objection
    to
    the filings
    as ordered above within
    45 days
    of this Order.
    Section 41 of
    the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1987
    ch. lll~par.
    1041, provides
    for
    appeal
    of final
    Orders
    of
    the Board within
    35 days.
    The R~ilesof the Supreme
    Court
    of Illinois establish filing requirements.
    IT
    IS
    SO ORDERED.
    I, Dorothy
    M.
    Gunn,
    Clerk of
    the Iliin~isPollution Control
    Board, hereby cer~ify that the above Order was adopted on the
    ‘‘_day of
    ~
    ,
    1990,
    by
    a vote of____________
    ,/7
    /1
    /
    Dorothy
    M.
    GUnn, Clerk
    Illinois Pollution Control Board
    107—~!

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