ILLINOIS POLLUTION CONTROL BOARD
July 21,
1994
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant,
V.
)
AC 94—21
)
(IEPA Docket No.
195—94—AC)
(Administrative Citation)
DENNIS W.
GAEBEL,
)
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter is before the Board on an agreed order, filed by
complainant the Illinois Environmental Protection Agency
(Agency)
and respondent Dennis W. Gaebel on June 29,
1994.
The parties
state that they have agreed to the entry of an order finding
Gaebel in violation of Section 21(p) (1)
of the Environmental
Protection Act
(Act)
(415 ILCS 5/21(p)(1)
(1992)), and imposing a
civil penalty of $500.00.
The parties also state that Gaebel
shall withdraw his petition for review.
The Board construes the
agreed order as Gaebel’s request to withdraw his petition.
Pursuant to the agreed order filed by the parties, the Board
finds that on February 23,
1994, Gaebel allowed open dumping at
the facility known to the Agency as Fowler/Gaebel, Site Code No.
008060019,
located in Adams County,
in violation of Section
21(p) (1)
of the Act.
Since there is one violation,
the total
penalty to be imposed
is $500.00.
1.
It is hereby ordered that Dennis W. Gaebel shall, on or
before May 20,
1996, pay a penalty of $500.00 by certified
check or money order, payable to the Illinois Environmental
Protection Trust Fund.
The penalty shall be sent to:
Illinois Environmental Protection Agency
Fiscal Service Division
2200 Churchill Road, P.O. Box 19276
Springfield,
IL 62794—9276
2.
Dennis W. Gaebel shall write the case name and number, and
his social security 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 Environmental Protection
Act.
2
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 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
1994,
by a vote of
~-‘
—o
Control Board