ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    MIDWEST EXCAVATING,
    Respondent.
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    AC 96-37
    (IEPA No. 34-96AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by E. Dunham):
    This matter is before the Board on a “Motion to Dismiss Petition for Review” filed by
    respondent on July 5, 1996. The respondent seeks to withdraw its petition for review and
    asserts that the required penalty was paid on or about June 28, 1996.
    On February 6, 1996, an Administrative Citation was filed with the Board pursuant to
    Section 31.1 of the Illinois Environmental Protection Act (Act) by the Illinois Environmental
    Protection Agency (Agency). The Agency alleges that on December 13, 1995, a facility
    operated by respondent in the County of Franklin was inspected by the Agency. Based on this
    inspection the Agency alleges that respondent was in violation of Section 21 (p) (1), of the
    Act. The statutory penalty established for each violation is $500.00 pursuant to Section 42(b)
    (4) of the Act. Therefore, respondent was subject to a total penalty of $500.00 for the alleged
    violation.
    The Board hereby grants respondent’s motion to dismiss the petition for review.
    Therefore, pursuant to Section 31.1 (d) (1), the Board finds that Midwest Excavating violated
    the provisions alleged in the Administrative Citation. Since there is one (1) such violation, the
    total penalty to be imposed is $500.00
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order the respondent shall, by certified check or money
    order payable to the State of Illinois and designated for deposit into the
    Environmental Protection Trust Fund, pay a penalty in the amount of $500.00
    which is to be sent to:
    Illinois Environmental Protection Agency
    2
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706.
    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 Illinois Environmental Protection Act.
    4.
    Payment of this penalty does not prevent future prosecution if the violation
    continues.
    This docket is hereby closed.
    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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