ILLINOIS POLLUTION CONTROL BOARD
    September
    3,
    1992
    SANGAMON
    COUNTY,
    )
    Complainant,
    V.
    )
    AC
    92—53
    (SCDPH—92—AC—14)
    ILLINOIS
    CENTRAL
    RAILROAD
    )
    (Administrative
    Citation)
    COMPANY,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a July 8,
    1992
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Sangaiuon
    County.
    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 Illinois
    Central Railroad Company on July 9,
    1992.
    Samgamon County
    alleges that on May 18,
    1992,
    Illinois Central Railroad Company,
    present owner and/or operator of a facility located in Sangamon
    County, and commonly known to the Agency as Springfield/Illinois
    Central Gulf Railroad, violated Sections 21(p) (1) and 21(p) (5)
    of
    the Act.
    The statutory penalty established for each of these
    violations is $500.00 pursuant to Section 4~(b)(4) of the Act.
    Illinois Central Railroad Company 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 31.1(d) (2)
    of the Act.
    Therefore, pursuant to Section 31.1(d) (1), the Board finds that
    Illinois Central Railroad Company 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 Illinois
    Central Railroad Company shall,
    by certified check of money
    order payable to the Sangamon County Public Health
    Department, pay
    a penalty in the amount of $1,000.00, which
    is to be sent to:
    James D.
    Stone
    Director of Public Health
    Sangamon County Department of Public Health
    200 South Ninth Street
    Room 301
    Springfield, Illinois 62701
    OI35-O5~3
    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 upaid 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—1/2, par.
    1041, provides for appeal of final
    Order os 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, ,~ierebycertify t
    t the above order was adopted on the
    ~
    day of
    ,
    1992, by a vote of
    ~orothy N. G~n, Clerk’
    Illinois PolQ~’utionControl Board
    OI35-U5LL~

    Back to top