ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    AC 93—21
    )
    (Administrative Citation)
    )
    CITY OF HERRIN,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    (C.
    A. Manning)
    This matter comes before the Board on its
    own
    motion to vacate
    the order in this matter dated January 6,
    1994.
    The Board, based
    on a December 20,
    1993 motion to withdraw the petition for review
    filed by the City of Herrin, closed this docket.
    On June 25,
    1993,
    an Administrative Citation was filed with
    the Board pursuant to Section 31.1 of the Environmental Protection
    Act (Act) by the Illinois Environmental Protection Agency (Agency).
    The Agency alleges that on May 3,
    1993,
    a facility operated by the
    City of Herrin was inspected.
    Based on this inspection the Agency
    alleged
    that
    the
    City
    of
    Herrin
    was
    in violation
    of
    Sections
    2l(o)(2) and
    (o)(3)
    of the Act.
    (415 ILCS 5/21(0) (2)
    and
    (o)(3)
    (1992).)
    The statutory penalty established for each violation is
    five hundred dollars ($500.00) pursuant to Section 42(b) (4) of the
    Act.
    (415 ILCS 5/42(b)(4)
    (1992).)
    Therefore the City of Herrin
    was subject to a total penalty of one thousand dollars ($1,000.00)
    for the two alleged violations.
    The
    Board
    grants
    the motion
    to withdraw
    the petition
    for
    review and pursuant to Section 31.1(d) (1)
    of the Act, will proceed
    to assess civil penalties.
    The Board finds the City of Herrin in
    violation of Sections 21(o) (2) and
    (o) (3)
    of the Act and imposes a
    penalty of one thousand dollars
    ($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 State
    of Illinois and designated for deposit into the Environmental
    Protection
    Trust
    Fund,
    pay
    a
    penalty
    in
    the
    amount
    of
    $1,000.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200
    Churchill Road P.O.
    Box
    19276
    Springfield, IL 62794—9276
    2
    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
    this 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 of the date of service of this order.
    (See also, 35
    Ill.
    Adni.
    Code 101.246, Motions for Reconsideration.)
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert
    that the above order was adopted on the
    ~L~
    day of
    ,
    1994, by a vote of
    7-C.
    I
    Dorothy N. G,~nn,Clerk
    Illinois Po~jutionControl Board

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