ILLINOIS POLLUTION CONTROL BOARD
    October 25,
    1990
    COUNTY OF JACKSON,
    )
    Complainant,
    AC 90—57
    v.
    )
    (Administrative Citation)
    FRANK DOAN,
    )
    Respondent.
    ORDER OF THE BOARD BY
    (J.
    C.
    Marlin):
    This matter comes before the Board on the October 11,
    1990
    response filed by the respondent,
    Frank Doan.
    On August
    30,
    1990,
    the Board issued a Default Order in this matter against Mr.
    Doan which found three violations of the Environmental Protection
    Act
    (Act)
    and assessed the statutory penalty for those
    violations.
    On September 7,
    1990,
    the complainant, County of
    Jackson,
    filed a motion with the Board requesting leave to
    withdraw one violation alleged in the Administrative Citation.
    On September 27,
    1990, the Board construed this motion as a
    timely motion for reconsideration pursuant to Section 101.246(a)
    of the Board’s procedural rules and allowed respondent time to
    file a response.
    The Board construes the respondent’s timely filed response
    as agreeing to the County of Jackson’s motion.
    The Board hereby
    grants the motion for reconsideration.
    On reconsideration of this matter, the Board will consider
    complainant’s motion
    for withdrawal of violation filed September
    7,
    1990.
    In support of its motion the County of Jackson states
    that, with regard to the alleged violation,
    respondent is now in
    compliance with the Act and has paid the penalty amount for the
    remaining violations.
    The Board notes that subsequent compliance is not recognized
    by the Act as justification for reducing an administrative
    citation penalty.
    Even so, the Board has customarily allowed the
    complainant
    in an administrative citation proceeding to amend and
    withdraw,
    in a timely manner,
    a complaint as the complainant sees
    fit to do.
    The Board hereby grants the motion for withdrawal of
    violation 3 of the Administrative Citation.
    To avoid confusion between the default order for the
    original administrative citation and the default order being
    issued for the amended administrative citation, the Board hereby
    vacates the prior Order of August 30,
    1990 in this matter.
    On July
    6,
    1990, an Administrative Citation was filed with
    115—491
    the Board pursuant to Section 31.1 of the Illinois Environmental
    Protection Act
    (Act)
    by the County of Jackson
    (County).
    A copy
    of that Administrative Citation is attached hereto, but will not
    be printed in the Board’s Opinion Volumes.
    Service of the
    Administrative Citation was made upon Frank Doan on July
    3,
    1990.
    The County’s amended administrative citation alleges that on June
    15,
    1990,
    Frank Doan,
    present operator of a facility located
    in
    the County of Jackson, violated Sections 21(q) (1) and 21(q) (2) of
    the Act.
    The statutory penalty established for each violation is
    $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Respondent did not file a petition for review.
    Therefore,
    pursuant to Section 31.1(d) (1), the Board finds that Frank Doan
    has violated the provisions alleged in the amended Administrative
    Citation.
    Since there are two
    (2) such violations,
    the total
    penalty to be imposed is $1000.00.
    It is hereby ordered that,
    unless the penalty has already
    been paid,
    within 30 days of the date of this Order Frank Doan
    shall,
    by certified check or money order payable to the Jackson
    County Treasurer,
    pay a penalty
    in the amount of $1000.00 which
    is to be sent to:
    Shirley Booker
    Jackson County Treasurer
    Jackson County Courthouse
    Nurphysboro,
    IL
    62966.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify th t
    he. above Order was adopted on the
    ~
    day of
    _________________
    ,
    1990, by a vote of
    Dorothy M. ~unn,
    Clerk
    Illinois Pàllution Control Board
    115—492

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