ILLINOIS POLLUTION CONTROL BOARD
August
22,
1991
JACKSON COUNTY HEALTH DEPARTMENT,
)
Complainant,
v.
)
AC 91—35
(Case No.
None)
(Administrative Citation)
ARTHUR GALE,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a July
10,
1991
filing of an Administrative Citation pursuant
to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by the Jackson
County Health Department.
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 Arthur Gale on July 10, 1991.
The Jackson County Health
Department alleges that on June 7,1991, Arthur Gale,
present
owner and/or operator of a facility located in Jackson County and
commonly known to the Agency as Ava/Arthur Gale, violated
Sections
2l(q)(l) and 21(q)(5) of the Act.
The statutory penalty
established for each of these violations
is $500.00 pursuant
to
Section 42(b)(4) of the Act.
Arthur Gale
-as 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 3l.l(d)(l),
the Board finds that Arthur Gale has violated
each and every provision alleged in the Administrative
Citation.
Since
there are two
(2)
such violations,
the total
penalty
to be imposed
is set
at $1,000.00.
1.
It
is hereby ordered that,
unless the penalty has already
been paid, within
30 days of the date of this Order Arthur
Gale shall, by certified check or money order payable to the
Jackson County Treasurer, pay
a penalty
in the amount of
$1,000.00, which
is
to be sent to:
Shirley Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro,
:llinois
62966
125—413
—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.
liii-,
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
0:
the Illinois Pollution Control
Board, hereby cert~y that the above Order was adopted on the
~~-‘
day of
~‘-~.~—-
,
1991,
by
a vote
of
7—C.
~-
~
Dorothy M.
nn,
Clerk
Illinois Pollution Control Board
125—414