ILLINOIS POLLUTION CONTROL BOARD
November 19,
1992
COUNTY OF ST. CLAIR,
)
Complainant,
v.
)
AC 92—67
)
(County No.
92-9
SC)
MIKE BUDD,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a September 24,
1992
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the County of
St. Clair.
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 Mike Budd on
September 17,
1992.
The County of St. Clair alleges that on July
29,
1992, Mike Budd, present owner and/or operator of a facility
located in St. Clair County and commonly known to the Agency as
New Athens/Silver Creek, 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.
Mike Budd 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 Mike Budd 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 Denaltv has already
been iaid,
within 30 days of the date of this order Mike
Budd shall, by certified check or money order payable to the
Landfill Citation Fund, pay a penalty in the amount of
$1,000.00, which
is to be sent to:
Paul Haas,
Treasurer
St. Clair County Treasurer’s Office
St. Clair County Courthouse
#10 Public Square
Belleville,
Illinois
62220
01 37-02k
I
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
Orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that the above order was adopted on the
/(77~
day of
,
1992, by
a vote of
/‘
.
7
,
Clerk
~1utionControl Board
01 37-02L~2