ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1994
    SANGAMON COUNTY,
    )
    )
    Complainant,
    v.
    )
    AC 94—23
    (SCDPH-94-AC-7)
    )
    (Administrative Citation)
    HALVERSON CONSTRUCTION
    COMPANY,
    INC.,
    )
    Respondent.
    ORDER
    OF THE BOAR!) (by C.
    A. Manning):
    This matter comes before the Board upon
    the
    April 18,
    1994
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act (Act)
    by Sangamon
    County.
    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 Halverson
    Construction Company,
    Inc. on March 18,
    1994.
    The County alleges
    that on January 24,
    1994, Halverson Construction Company,
    Inc.,
    present owner and/or operator of a facility located in Logan
    County and commonly known to the County as Clearlake
    Twp./Malverson Construction-I—72, violated Sections 21(p) (1)
    and
    21(p) (3) of the Act.
    The statutory penalty established for each
    violation is $500.00 pursuant to Section 42(b) (4) of the Act.
    Halverson Construction Company,
    Inc. 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.
    However, on May 26,
    1994, the parties filed a stipulation
    agreement.
    In this agreement the County agrees to dismiss the
    Section 21(p) (1)
    litter violation. The respondent admits the
    Section 21(p) (3) open burning violation, and agrees to pay a
    $500.00 penalty by May 23,
    1994. The Board accordingly dismisses
    the litter violation. Therefore, pursuant to Section 31.1(d) (1),
    the Board finds that Halverson Construction Company,
    Inc., has
    violated the provision alleged in the Administrative Citation as
    amended by the May 26,
    1994 stipulation.
    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 Denaty
    has alreadY been
    paid, within 30 days of the date of this order Halverson
    Construction Company,
    Inc. shall, by certified check or money
    order payable to the Sangamon County Department of Public
    Health, pay a penalty in the amount of $500.00, which is to be
    sent to:
    2
    James D.
    Stone, Director
    Sangamon County Department of Public Health
    200 South Ninth Street, Room 301
    Springfield, Illinois 62701
    2. Respondent 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.
    Section 41 of the Environmental Protection Act,
    (415 ILCS 5/41
    (1~92)),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. Adm. Code 101.246,
    Motions for Reconsideration.)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boa~d,,hereby certify
    t the above order was adopted on the
    ~
    day of
    ,
    1994, by a vote of
    ____
    7
    Dorothy N. ~1fln,Clark
    Illinois P~JlutionControl Board

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