ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    COUNTY OF WILL,
    Complainant,
    v.
    CARL SMITS,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 96-44
    (WC 96 AC-1)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the April 23, 1996 filing of an administrative
    citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by the County of
    Will (County). 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
    Carl Smits (Smits) on April 29, 1996. The Agency alleges that on April 11, 1996 Smits,
    present owner and/or operator of a facility located in Will County and commonly known to the
    County as Crete TWP/Smits Property, violated Section 21(p)(3) of the Act. The statutory
    penalty established for this violation is $500.00 pursuant to Section 42(b)(4) of the Act.
    Smits 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 Smits has violated the provisions 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, Smits shall, by certified check or money order
    payable to the County of Will, pay a penalty in the amount of $500.00, which is
    to be sent to:
    County of Will Land Use Department
    Solid Waste Division
    501 Ella Avenue
    Joliet, Illinois 60433
    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.
    3.
    Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
    of the Act.
    2
    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

    Back to top