ILLINOIS POLLUTION CONTROL BOARD
    November 16, 1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    AC 95-25
    )
    (IEPA Docket No. 177-95-AC)
    )
    (Administrative Citation)
     
    )
    FRED SMITH, JR.,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a motion to withdraw,
    filed by respondent Fred Smith, Jr., on November 1, 1995.
    Respondent seeks to withdraw his petition for review. The
    motion to withdraw is granted.
    This administrative citation was filed on March 29,
    1995, by the Illinois Environmental Protection Agency (Agency)
    pursuant to Section 31.1 of the Illinois Environmental
    Protection Act (Act). The citation alleges that Fred Smith,
    Jr. is the owner and/or operator of an open dumping facility
    located in Macoupin County, Illinois, commonly known as
    Carlinville/Smith, and designated with Agency Site Code No.
    1178170002. On the basis of direct observations by Agency
    inspector John Senjan, the Agency determined that John Smith,
    Jr. has caused or allowed litter to accumulate in violation of
    415 ILCS 5/21(p)(1)(1994). The statutory penalty established
    for these violations is $500 each, pursuant to Section
    42(b)(4) of the Act.
    Pursuant to Section 31.1(d)(1), the Board finds that
    respondent, John Smith, Jr., has violated the provisions
    alleged in the administrative citation, and is subject to a
    $500 penalty.
    1. It is hereby ordered that, unless the penalty has already
    been paid, within 30 days of the date of this order, John
    Smith, Jr. shall, by certified check or money order payable
    to the Illinois Environmental Protection Trust Fund, pay a
    penalty in the amount of $500, which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road, P.O. Box 19276
    Springfield, Illinois 62794-9276
    2
    2. Respondent shall include the remittance form and write the
    case name and number, as well as 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 Environmental Protection
    Act.
    4. Payment of this penalty does not prevent future prosecution
    if the violation continues.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1994)) provides for appeal of final orders of the Board
    within 35 days. The Rules of the Supreme Court of Illinois
    establish filing requirements. (See also 35 Ill. Adm. Code
    101.246, Motions for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above order was adopted
    on the
    day of , 1995, by a vote of
    .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board

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