ILLINOIS POLLUTION CONTROL BOARD

December 1,

1994

SANGANON

COUNTY,

Complainant,

v.

AC

94—36

(SCDPH

94—AC—12)

)

(Administrative

Citation)

EDWARDS COMBS,

an Iowa Corporation,

Respondent.

ORDER

OF THE

BOARD

(by C.

A. Manning):

This matter was originally before the Board on a June 10,

1994 filing of an administrative citation pursuant to Section

31.1 of the Environmental Protection Act

(Act) by Sangamon County

(County).

(415 ILCS 5/31.1 (1992).)

The County alleged that on

May 20,

1994 Edward Combs,

present owner/operator of a facility

located in Sangamon County and commonly known to the County as

Loami/Combs, violated Sections 21(p) (1) and 21(p) (3)

of the Act.

(415 ILCS 5/21(p)

(1) and

(3)

(1992).)

The statutory penalty

established for each violation is $500.00 pursuant to Section

42(b)(4) of the Act.

(415 ILCS 5/21(p)

(1) and

(3)

(1992).)

On August 11,

1994 the Board entered a default order against

Edward Combs pursuant to Section 31.1(d) of the Act.

(415 ILCS

5/31.1(d)

(1992).)

Section 31.1(d)

of the Act directs the Board

to enter a order finding violation against a respondent if the

respondent fails to file with the Clerk of the Board a petition

for review within 35 days of service of the administrative

citation.

The August 11,

1994 order of the Board found Edward

Combs in violation Sections 21(p) (1) and 21(p) (3)

of the Act and

ordered respondent to pay a penalty of $1,000.00.

On November 16,

1994 the County filed a “Stipulated

Agreement” with the Clerk of the Board.

The Stipulated Agreement

does not discuss the Board order of August

11, 1994.

Instead,

the Stipulated Agreement sets forth the following conditions to

the agreement:

1.

The Respondent, Edward Combs, will admit the following

violations:

a.

causing or allowing open burning

2.

The Complainant, County of Sangainon, agrees to dismiss

the allegation concerning causing or allowing litter.

---

2

3.

The Respondent will remit a penalty of five hundred

dollars

($500.00)

to the Sangamon County Department of

Public Health by December 16,

1994.

The Clerk serves the parties with the Board’s orders via

certified mail, return receipt requested.

The Clerk’s files do

not contain return receipt cards indicating that the August 11

order was in fact received prior to their execution of the

stipulation.1

Since the Board has no reason to believe that the

parties received the August 11,

1994 default order, we will

vacate that order and replace it with this order that reflects

the parties’ agreement.

1.

Respondent is hereby found to have violated Section 21(p) (3)

of the Act (415 ILCS 5/21(p)(3)

(1992))

and the alleged

violation of Section 21(p) (1) of the Act

(415 ILCS

5/21(p) (1)

(1992))

is dismissed.

2.

It is hereby ordered that, unless the penalty has already

been paid, the Respondent shall, by certified check or money

order payable to the Sangamon County Department of Health,

pay a penalty in the amount of $500.00 by December 16,

1994.

Such payment should be sent to:

James D. Stone,

Director

Sangamon County Department of Public Health

200 South Ninth Street, Room 301

Springfield, Illinois 62701

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.

IT IS SO ORDERED.

I, Dorothy H.

Gunn, Clerk of the Illinois Pollution Control

Board

hereby certify that the above order was adopted on the

~4’7

day of

~

,

1994,

by a vote of

7~

The Clerk again initiated service on November 9.