ILLINOIS POLLUTION CONTROL

tSOARD

February

4, 1993

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

V.

)

AC 92—87

)

(IEPA Docket No.

659-92-AC)

VILLAGE OF ATKINSON,

)

(Administrative Citation)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a December 14,

1992

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by the Illinois

Environmental Protection Agency (Agency).

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 the Village of Atkinson on

December

11,

1992.

The Agency alleges that on October 21,

1992,

the Village of Atkinson, present owner and/or operator of

a

facility located in Henry County and commonly known to the Agency

as Atkinson/Henry County Landfill #2, violated Sections 2l(o)(1)

and 21(o) (5)

of the Act.

The statutory penalty established for

each of these violations is $500.00 pursuant to Section 42(b)(4)

of the Act.

The Village of Atkinson 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.

Therefore,

pursuant

to Section 31.1(d) (1),

the Board finds that the Village of

Atkinson has violated each and every provision alleged in the

Administrative Citation.

Since there are two

(2)

such

violations,

the total penalty to be imposed is set at $1,000.00.

1.

It is hereby ordered that, unless the ~enaltv has alreadY been

paid,

within 30 days of the date of this order the Village of

Atkinson 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

Springfield, IL 62706

0139-Ui

15

---

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.

Section 41 of the Environmental Protection Act,

Ill. Rev.

Stat.

1989,

ch.

111½, par.

1041, provides for appeal of final

Orders of the Board within 35 days.

The Rules of the Supreme

Court of Illinois establish filing requirements.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Do rd

hereby cert

that the above order was adopted on the

4tz~

day of

,

1993,

by a vote of

0

Dorothy M. ~tnn,

Clerk

Illinois Pd~/lutionControl Board

013901

lb