ILLINOIS POLLUTION CONTROL BOARD
    September 5, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    BANNER DISPOSAL, INC.,
    Respondent.
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    AC 97-1
    (IEPA No. 279-96-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon the July 15, 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. Service of the administrative citation was made upon Banner Disposal, Inc., (Banner)
    on July 13, 1996. The Agency alleges that on May 22, 1996, Banner, present owner and/or
    operator of a facility located in Fulton County and commonly known to the Agency as
    Canton/Banner Disposal, violated Section 21(p)(1) of the Act. The statutory penalty
    established for this violation is $500.00 pursuant to Section 42(b)(4) of the Act.
    Banner 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)(2) of the Act. Therefore, pursuant to Section
    31.1(d)(1), the Board finds Banner 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
    $500.00.
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, Banner shall, by certified check or money order
    payable to the Illinois Environmental Protection Trust Fund, pay a penalty in
    the amount of $500.00, 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.
    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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