ILLINOIS POLLUTION CONTROL BOARD
    March 2, 2000
    WAYNE COUNTY HEALTH
    DEPARTMENT,
    Complainant,
    v.
    JOHN HEERN,
    Respondent.
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    AC 00-62
    (County No. 01-99)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 20, 1999, the Wayne County Health Department (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)). On January 12, 2000
    complainant filed a motion to amend the administrative citation. On January 18, 2000,
    complainant filed a second motion to amend the administrative citation which replaced the
    original filing. The Board granted complainant's second motion to amend its December 20,
    1999 administrative citation. The second amended administrative citation alleges that respondent
    violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1998)). 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
    5/31.1(d)(1) (1998). Accordingly, the Board finds that respondent has violated the provision
    alleged in the administrative citation, which is attached hereto. Since there is one such
    violation, the total penalty to be imposed is $500.
    It is hereby ordered that:
    1.
    Respondent shall pay a total civil penalty in the amount of $500, 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 Wayne County Health Department. 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.
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    he certified check or money order and the remittance form shall be sent to:
    Gayla Vaughan
    Wayne County Treasurer
    Wayne County Courthouse
    Fairfield, Illinois 62837
    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 violation
    continues.
    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 2nd day of March 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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