ILLINOIS POLLUTION CONTROL BOARD
    May 16, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    DWIGHT W. DAVIS d/b/a D & L RUBBER
    WORKS,
    Respondent.
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    AC 96-41
    IEPA NO. 95-96
    (Administrative Citation)
    ORDER OF THE BOARD:
    This matter comes before the Board upon the March 19, 1996 filing of an administrative
    citation pursuant to Section 31.1 of the Illinois 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 Dwight W. Davis d/b/a D & L Rubber Works (Davis) on
    March 16, 1996. The Agency alleges that on January 18, 1996 Davis, present owner and/or
    operator of a facility located in Perry County and commonly known to the Agency as
    Pinckneyville/D & L Rubber Works, 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.
    Davis 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 that Davis 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, Davis 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:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road, P. O. Box 19276
    Springfield, Illinois 62794-9276
    2.
    Respondents shall include the remittance form and write the case name and number
    and their social security or federal employer identification number on the certified
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    check or money order.
    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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