ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2000
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    DAVID SWEARINGEN,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 00-36
    (IEPA No. 505-99-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On October 29, 1999, complainant properly and timely filed an administrative citation
    with the Board pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS
    5/31.1 (1998)), alleging that respondent violated Sections 21(p)(1) and 21(p)(7)(i) of the Act
    (415 ILCS 5/21(p)(1), 21(p)(7)(i) (1998), as amended by Pub. Act 91-72, eff. July 9, 1999)).
    1
    The statutory penalty established for each violation is $500 pursuant to Section 42(b)(4) of the
    Act. 415 ILCS 5/42(b)(4) (1998).
    In this matter, respondent has not filed a petition for review with the Clerk of the Board
    within 35 days of the date of service as required by Section 31.1(d)(1) of the Act. 415 ILCS
    31.1(d)(1) (1998). Accordingly, the Board finds that respondent has violated the provisions
    alleged in the administrative citation, which is attached hereto. Since there are two such
    violations, the total penalty to be imposed is $1,000.
    It is hereby ordered that:
    1.
    Respondent shall pay a civil penalty in the amount of $1,000 within 30 days of
    the date of this order.
    2.
    Payment shall be made in the form of a certified check or money order, payable
    to the Illinois Environmental Protection Trust Fund. The case number, case
    name, and respondent’s social security number or federal employer identification
    number should also be included on the check (or money order).
    3.
    The check (or money order) and the remittance form shall be sent to:
    1
    Section 21(p)(7)(i) open dumping of general construction or demolition debris and was added
    to the Act by Pub. Act 91-72, signed and effective July 9, 1999.
    2
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Penalties unpaid after 30 days of the date of this order shall accrue interest
    pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
    5.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; 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 6th day of January 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top