ILLINOIS POLLUTION CONTROL BOARD

~Tune1,

1995

ILLINOIS ENViRO)~U4ENTAL

PROTECTION AGENCY,

)

Complainant,

)

V.

)

AC 94—94

(IEPA No~ 549-94—AC)

(Administrative

Citation)

WAYNE

D. ALBERTS

arid

)

SH~ARON3. ALBERTS,

)

Respondent.

ORtER OF TFIE BOARD

(By

3.

Yl):

This matter

comes before the Board upon an October

28,

1994

filing of an Administrative Citation pursuant to Section 31.? of

the Illiriois 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 Wayne

D.

Alberts and

Sharon

3. kiberts on October 31,

1994.

The Agency alleges that on

September 8,

1994, Wayne D.

Alberts and Sharon 3. Alberts,

present

owners and/or operators of a facility located in the

County of Logan and commonly known to the

Agency

as

Atlanta/Alberts, 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.

(415 ILCS 5/42(b)

(1993).)

Wayne D. Alberts and Sharon

3.

Alber’ts filed

a petition for

revjew with the Clerk of the Board on December 5,

1994, within 35

days of the date of service as allowed by Section 31.1(d) (2)

of

the Act.

On May 9,

1995, the respondents mailed to the Board a

withdrawal of appeal, which was received on May 16,

1995,

and

sent

a copy to the assigned hearing officer by facsimile.

The

hearing in this case was held on May 10, 1995 at the offices of

the Board in Springfield,

Illinois.

The only people in

attendance were the hearing officer, the court reporter, the

Agency attorney and witness.

No members of the

public

attended.

At hearing the withdrawal of appeal was entered into the record,

no witnesses or evidence were

presented.

Therefore,

the respondents having withdrawn their petition

for review, the Board pursuant to Section 31.1(d) (1) finds that

Wayne

D.

Alberts

arid Sharon 3. Alberts violated the provision

alleged in the Administrative Citation.

Since there is one

(1)

such violation, the total penalty to be imposed

is set at

---

2

$500.00.

Pursuant to Section 42(b)

of the Act,

if respondent

does not prevail at hearing, the costs of the hearing are

assessed.

However, even though a hearing was held and

respondents were found in violation,

under these unique

circumstances the Board will not assess hearing costs against the

respondents.

ORDER

1.

It is hereby ordered that, unless the penalty has already

been paid, within 30 days of the date of this order Wayne

D.

Alberts and Sharon J. Alberts 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.

0.

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.

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

(1992)), provides for appeal of final orders of the Board

within 35 days.

The Rules

of the Supreme Court of Illinois

establish filing requirements.

(See also 35 Ill.

Adin.

Code

101.246, Motions for Reconsideration.)

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby cert

that the above order was adopted on the

day of

~

,

1995, by a vote

o.f

70