ILLINOIS POLLUTION CONTROL BOARD
    June 20,
    1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    AC 89-72
    (Dockets A & B)
    v.
    )
    (IEPA Case No. 9568-AC)
    (Administrative Citation)
    CITY OF WEST FRANKFORT,
    an
    )
    Illinois Municipal corp.,
    )
    )
    Respondent.
    ORDER OF THE BOARD BY
    (J.
    C. Marlin):
    This matter comes before the Board on a June 17,
    1991 motion
    to withdraw petition for review filed by respondent,
    City of West
    Frankfort
    (City).
    In support of its motion the City states that
    it “desires to withdraw its Petition for Review and not contest the
    administrative citation issued herein.”
    The City’s motion to withdraw is hereby granted.
    On April 13,
    1989,
    an Administrative Citation was filed with
    the Board 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,
    but will not be printed
    in the Board’s Opinion
    Volumes.
    Service of the Administrative Citation was made upon the
    City on April 12, 1989.
    The Agency alleges that the City violated
    Sections 21(q) (1) and 21(q) (3)
    of the Act.
    The statutory penalty
    established
    for
    each
    violation
    is
    $500.00
    pursuant
    to
    Section
    42(b)(4)
    of the Act.
    Respondent has withdrawn its petition for review.
    Therefore,
    pursuant to Section 31.1(d) (1), the Board finds that the City has
    violated each and every
    provision alleged
    in the Administrative
    Citation.
    Since there are two
    (2)
    violations,
    the total penalty
    to be imposed
    is $1,000.00.
    ORDER
    1.
    Respondent is hereby found to have been in violation of Ill.
    Rev.
    Stat.
    1989,
    ch.
    111
    ~,
    pars.
    1021(q) (1) and
    (3).
    2.
    Within 45 days of the date of this Order the City shall,
    by
    certified
    check
    or
    money
    order
    payable
    to
    the
    Illinois
    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.
    Respondent shall include the remittance form and write the case
    name
    and
    number
    and
    its
    social
    security
    or
    federal
    Employer
    Identification Number on the certified check or money order.
    Any such penalty not paid within the time prescribed shall
    incur interest at the rate set forth in subsection
    (a)
    of Section
    1003
    of the Illinois Income Tax Act,
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    120,
    par.
    10-1003),
    from the date payment is due until the date
    payment is received.
    Interest shall not accrue during the pendency
    of an appeal, during which payment of the penalty is stayed.
    3.
    Docket A in this matter is closed.
    4.
    Within 30 days of the Order, the Agency shall file a statement
    of its hearing costs, supported by an affidavit, with the Board and
    with service upon Respondent.
    Within the same 30 days, the Clerk
    of the
    Pollution
    Control
    Board
    shall
    file
    a
    statement
    of
    the
    Board’s
    costs,
    supported
    by
    affidavit
    and
    with
    service
    upon
    Respondent.
    Such filings
    shall
    be entered
    in Docket
    B
    in this
    matter.
    5.
    Respondent is hereby given leave to file a reply/objection to
    the filings as ordered in paragraph 3 of this Order within 45 days
    of this Order.
    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 M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby
    certify t~a~tthe
    above
    Order was
    adopted on the
    ~
    ~2ti
    day
    of
    ________________,
    1991,
    by
    a
    vote
    of
    ~
    Dorothy N.,~unn,Clerk
    Illinois ~thllutionControl Board

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