ILLINOIS POLLUTION CONTROL BOARD
May 16, 1996
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOHN SHARP d/b/a JOHN’S AUTO
SALVAGE,
Respondent.
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AC 96-42
IEPA NO. 148-96
(Administrative Citation)
ORDER OF THE BOARD:
This matter comes before the Board upon the April 3, 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, but will not be printed in the Board's opinion volumes. Service of the administrative
citation was made upon John Sharp d/b/a John’s Auto Salvage (Sharp) on April 4, 1996. The
Agency alleges that on February 7, 1996 Sharp, present owner and/or operator of a facility
located in Montgomery County and commonly known to the Agency as Grisham/John’s Auto
Salvage, 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.
Sharp 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 Sharp 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, Sharp 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 check or money order.
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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