ILLINOIS POLLUTION CONTROL BOARD
October 17, 1996
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ENVIROFIL OF ILLINOIS, INC.,
Respondent.
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AC 97-14
(IEPA No. 339-96-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon the September 3, 1996 filing of an
administrative citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by
the Illinois Environmental Protection Agency (Agency). 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 Envirofil of Illinois, Inc. (Envirofil) on August 30,
1996. The Agency alleges that on July 18, 1996 Envirofil, present owner and/or operator of a
facility located in McDonough County and commonly known to the Agency as Envirofil of
Illinois, Inc., violated Section 21(o)(5) of the Act. The statutory penalty established for each
violation is $500 pursuant to Section 42(b)(4) of the Act.
Envirofil 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
that Envirofil 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, Envirofil 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:
Illinois Environmental Protection Agency
Fiscal Services
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794-9276
2.
Respondent shall include the remittance form and write the case name and
number and his social security or federal employer identification number on the
certified check or money order.
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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.
Board Member K.M. Hennessey abstained.
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