ILLINOIS POLLUTION CONTROL BOARD
    November 7, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JOSEPH C. SMITH and LAVERNE A.
    SMITH,
    Respondents.
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    AC 97-2
    (IEPA No. 290-96-AC)
    (Administrative Citation)
    AC 97-4
    (IEPA No. 289-96-AC)
    (Administrative Citation)
    (Consolidated)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board upon the filing of two administrative citations pursuant
    to Section 31.1 of the Illinois Environmental Protection Act (Act) by the Illinois
    Environmental Protection Agency (Agency). The Agency filed the first citation on July 15,
    1996 and the second citation on July 17, 1996. This matter was consolidated by Board order
    on September 19, 1996.
    The Agency alleges that on May 14, 1996 respondents Joseph C. Smith and Laverne A.
    Smith, present owners and/or operators of property commonly known to the Agency as
    Elsah/J.C. Smith #1, and located in Jersey County, Illinois, violated Section 21(p)(1) and
    Section 21(p)(5) of the Act by causing or allowing litter and causing or allowing proliferation
    of disease vectors. The Agency also alleges that on May 14, 1996 respondents, present
    owners and/or operators of property commonly known to the Agency as Elsah/J.C. Smith #2,
    violated Section 21(p)(1) of the Act by causing or allowing litter. The statutory penalty
    established for each violation is $500.00, pursuant to Section 42(b)(4) of the Act.
    Respondents filed a petition for review on August 21, 1995 and a hearing was to be set
    in this matter; however, on October 10, 1996 respondents filed a motion to withdraw the
    petition for review concerning AC 97-2. On October 21, 1996 respondents filed a similar
    motion to dismiss concerning AC 97-4.
    The Board grants respondents’ motions. Pursuant to Section 31.1(d), the Board finds
    that respondents Joseph C. Smith and Laverne A. Smith violated the provisions alleged in the
    Administrative Citations. Since there are three (3) such violations, the total penalty to be
    imposed is $1,500.00.
    2
    ORDER
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, respondents shall, by certified check or money order payable to
    the Illinois Environmental Protection Fund, pay a penalty in the amount of $1,500.00, which
    is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    2.
    Respondents shall include the remittance form and write the case name and
    number and his social security or federal Employer Identification Numbers on the certified
    check or money order.
    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.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders 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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