ILLINOIS POLLUTION CONTROL BOARD
October 16,
1992
SANGANON
COUNTY,
)
)
Complainant,
)
v.
)
AC 92—60
(SCDPH—92—AC—16)
AUGUST A. CANDIOTO,
JR.,
)
(Administrative Citation)
Respondent.
ORDER
OF THE BOARD:
This matter comes before the Board upon an August 18,
1992
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by Sangamon
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 August
Candioto, Jr. on July 9,
1992.
Sangamon County alleges that on
July 22, 1992,
August Candioto,
Jr., present owner and/or
operator of a facility located in Sangamon County, and commonly
known to the Agency as Ball Township/Candioto, violated Sections
21(p) (1)
and 21(p) (4)
of the Act.
The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4)
of the Act.
August Candioto, Jr. 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 August Candioto, Jr.
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 August
Candioto,
Jr. shall, by certified check or 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
OI36O~51
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~~a~crueinterest
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
hereby certify ~iat the above order was adopted on the
day of
,
1992, by a vote of
7- ~
.
Dorothy M./~unn,Clerk
Illinois Pollution Control Board
01 36-0t~52