ILLINOIS POLLUTION CONTROL BOARD
    October 17, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    ESG WATTS, INC.,
    Respondent.
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    AC 97-15
    (IEPA No. 338-96-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 ESG Watts, Inc. (ESG Watts) on September 3, 1996.
    The Agency alleges that on July 17, 1996 ESG Watts, present owner and/or operator of a
    facility located in Rock Island County and commonly known to the Agency as Watts Landfill,
    violated Section 21(o)(12) of the Act. The statutory penalty established for each violation is
    $500 pursuant to Section 42(b)(4) of the Act.
    ESG Watts 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 ESG Watts 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, ESG Watts 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.
    2
    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

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