ILLINOIS POLLUTION CONTROL BOARD
October 3, 1996
COUNTY OF VERMILION,
Complainant,
v.
LOWELL NULL and M & N PALLET,
INC.,
Respondents.
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AC 97-5
(County No. 96-01)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon the July 30, 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 Lowell Null and M & N Pallet (respondents) on July 19
and July 22, 1996. The County alleges that on May 23, 1996 respondents, present owners
and/or operators of a facility located in Vermilion County and commonly known to the County
as 200 South 2
nd
Avenue, Hoopeston, Illinois, violated Sections 21(p)(1) and 21(p)(3) of the
Act. The statutory penalty established for each violation is $500 pursuant to Section 42(b)(4)
of the Act.
Respondents 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 respondents have violated the provisions alleged in the administrative citation. Since
there are two (2) such violations, the total penalty to be imposed is set at $1,000.
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 County of Vermilion, pay a penalty in the amount of
$1,000, which is to be sent to:
County of Vermilion
Department of Health
200 South College Street
Danville, Illinois 61832
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.
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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