ILLINOIS POLLUTION CONTROL BOARD
May 9,
1991
COUNTY OF JACKSON,
)
Complainant,
v.
)
AC 91—13
)
(Case No. None)
(Administrative Citation)
EVERETT ALLEN d/b/a ALLEN WASTE
)
MANAGEMENT,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a March 27,
1991
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the County of
Jackson.
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 Everett
Allen on March
20, 1991.
Jackson County alleges that on February
21,
1991, Everett Allen, present owner and/or operator
of a
facility located
in Jackson County and commonly known to the
Agency as DeSota/Allen No.
1,
violated Sections 2l(p)(5),
2l(p)(6) and 2l(p)(2) of the Act.
The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4)
of
the Act.
Everett Allen 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 31.1(d)(l),
the Board finds that Everett Allen has
violated each and every provision alleged in~theAdministrative
Citation.
Since there are three
(3)
such violations,
the total
penalty to be imposed
is set at $1,500.00.
1.
It
is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order Everett
Allen shall,
by certified chec~: or money order payable to the
Jackson County Treasurer, pay
a penalty in the amount of
$1,500.00, which is
to be sent
to:
Shirley Booker
Jackson County Treasurer
Jackson County CourthoUse
Murphysboro,
Illinois
62966
122—165
—2—
2.
Respondent
shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Number on the certified check or
money order.
3.
Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g) of the Illinois Environmental
Protection Act.
4.
Payment of this penalty does not prevent future prosecution
if the violation continues.
Section 41 of the Environmental Protection Act.
Ill.
Rev.
Stat.
1989,
ch. lll~,par.
1041, provides for appeal of final
Orders of the Board within
35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~
day of_____________
,
1991,
by a vote of
7
Illi
Control Board
122—166