ILLINOIS POLLUTION CONTROL BOARD
May 16, 1996
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ENVIROFIL OF ILLINOIS, INC.
(Macomb/Envirofil of Illinois Inc.),
Respondent.
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AC 96-43
(IEPA NO. 132-96)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon the April 3, 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 Envirofil of Illinois, Inc. (Envirofil) on March 28,
1996. The Agency alleges that on February 21, 1996, Envirofil, present owner and/or
operator of a facility located in McDonough County and commonly known to the Agency as
Macomb/ Envirofil of Illinois, Inc, violated Section 21(o)(5) of the Act. The statutory penalty
established for this violation is $500.00 pursuant to Section 42(b)(4) of the Act.
Envirofil 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 Envirofil 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, Envirofil 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
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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.
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.
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