ILLINOIS POLLUTION CONTROL BOARD
    May
    9,
    1991
    COUNTY OF MADISON,
    Complainant,
    v.
    )
    AC 91—14
    (Case No.
    01— 91)
    (Administrative Citation)
    GARY and DEBORAH ATTEBERY,
    Respondents.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a March
    28,
    1991
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act) by the County of
    Madison.
    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 Gary and
    Deborah Attebery on March 28,
    1991.
    Madison County alleges that
    on February 19,
    1991, Gary and Deborah Attebery, present owners
    and/or operators of
    a facility located
    in Madison County, and
    commonly known to the Agency as Alton/Attebery,
    violated Section
    2l(p)(5)
    of the Act.
    The statutory penalty established for this
    violation
    is $500.00 pursuant to Section 42(b)(4)
    of
    the Act.
    Gary and Deborah Attebery 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 3l.l(d)(2)
    of the Act.
    Therefore, pursuant
    to Section 3l.l(d)(l),
    the Board
    finds that Gary and deborah
    Attebery ~as 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.
    1•
    It
    is hereby ordered that, unless the penalty has already
    been paid,
    within 30 days of the date of this Order Gary and
    Deborarh Attebery shall,
    by certified check
    or money order
    payable to the General Fund—Solid Waste Fine, pay a penalty
    in the amount of
    $500.00 which
    is
    to be sent
    to:
    John M.
    Shimkus
    County Treasurer
    400
    St.
    Louis Street
    P.O.
    Box 729
    Edwardsville, Illinois
    62025
    122—167
    —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.
    111+, 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
    4.
    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
    76
    /~
    Dorothy M. GZ~, Clerk
    Illinois PoI3~utionControl Board
    122—168

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