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

    Back to top