ILLINOIS POLLUTION CONTROL BOARD
    December 5, 1996
    COUNTY OF VERMILION,
    Complainant,
    v.
    EMERY JOHNSON,
    Respondent.
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    AC 97-31
    (County No. 96-02)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the October 17, 1996 filing of an
    administrative citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by
    the County of Vermilion (County). A copy of that administrative citation is attached hereto.
    Service of the administrative citation was made upon Emery Johnson on October 8, 1996. The
    County alleges that on August 23, 1996 Emery Johnson, present owner and/or operator of a
    facility located in Vermilion County and commonly known to the County as Emery Johnson
    Property, violated Section 21(p)(1) of the Act.
    1
    The statutory penalty established for each
    violation is $500 pursuant to Section 42(b)(4) of the Act.
    Emery Johnson 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)(1) of the Act. Therefore, the Board
    finds Emery Johnson has violated the provision alleged in the administrative citation. Since
    there is one (1) such violation, the total penalty to be imposed is set at $500.
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, Emery Johnson shall, by certified check or money
    order payable to the County of Vermilion, pay a penalty in the amount of $500,
    which is to be sent to:
    County of Vermilion
    Department of Health
    200 South College Street
    Danville, Illinois 61832
    1
    Only violations of Sections 21(o) and (p) may properly be alleged in an administrative
    citation. While page 2 of the citation only alleges violation of section 21(a), the inspector’s
    checklist attached to it alleges a Section 21(p)(1) violation.
    2
    2.
    Respondent shall include the remittance form and write the case name and
    number and its 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 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
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. 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 ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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