ILLINOIS POLLUTION CONTROL BOARD
August 24,
1995
MONTGOMERY COUNTY,
)
Complainant,
)
AC 95-4
(Administrative Citation)
V.
ENVOTECH—ILLINOIS,
INC.,
Respondent.
ORDER OF THE BOARD
(by E.
Dunham):
This matter is before the Board on a “Withdrawal of Petition
For Review of Administrative Citation” filed by respondent on
August 15,
1995.
The petition for review was filed with the
Board on January 19,
1995.
Respondent seeks to withdraw its
petition for review and agrees to pay the civil penalty.
On January 5,
1995,
an Administrative Citation was filed
with the Board pursuant to Section 31.1 of the Illinois
Environmental Protection Act
(Act)
by Montgomery County
(County).
The citation alleges that on November 30,
1994,
the County
inspected sanitary and special waste landfill owned and/or
operated by respondent.
Based on this inspection the County
alleges that respondent violated Sections 21(o) (5)
and 21(o) (12)
of the Act.
The statutory penalty established for each violation
is $500.00 pursuant to Section 42(b) (4)
of the Act.
Therefore,
respondent is subject to
a total penalty of $1,000.00 for the two
violations.
The Board hereby grants respondent’s motion to withdraw the
petition for review.
Therefore, pursuant to Section 31.1(d) (1),
the Board finds that Envotech-Illinois,
Inc. violated the
provisions alleged in the Administrative Citation.
Since there
are two
(2)
such violations,
the total penalty to be imposed is
$1,000. 00.
1.
It is hereby ordered that, unless the penalty has
already been paid, within 30 days of the date of this
order the respondent shall,
by certified check or money
order payable to the Montgomery County Treasurer, pay a
penalty in the amount of $1,000.00 which is to be sent
to:
Mr. Tom Larson, Director,
Montgomery County Health Department
South Route 185
Hillsboro,
Illinois 62049
2.
Respondent shall include the remittance form and write
the case name and number and its social security or
2
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.
This docket
is hereby closed.
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 of the date of service of this order.
The Rules
of the Supreme Court of Illinois establish filing requirements.
(See also 35
Iii.
Adm. Code 101.246, Motion for Reconsideration.)
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify t at the above order was adopted on the
___________
day of
_________________,
1995, by a vote of
7-()
.
T~
~
Dorothy M. 9~nn,Clerk
Illinois Pollution Control Board