ILLINOIS POLLUTION CONTROL BOARD
    April
    8,
    1993
    ILLINOIS ENVIRONMENTAL,
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    V.
    )
    AC 93—8
    )
    (IEPA No. 65—93—AC)
    RANDALL WELLS and LEROY BROWN
    )
    (Administrative Citation)
    & SONS,
    INC.,
    )
    )
    Respondents.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a February 18,
    1993
    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 Randall Wells and Leroy
    Brown
    & Sons on February 17,
    1993.
    The Agency alleges that on
    December 23,
    1992, Randall Wells and Leroy Brown
    & Sons,
    present
    owners and/or operators of
    a facility located in McDonough
    County, and commonly known to the Agency as Leroy Brown #2,
    violated Section 21(0) (5)
    of the Act.
    The statutory penalty
    established for this violation is $500.00 pursuant to Section
    42(b) (4)
    of the Act.
    Randall Wells and Leroy Brown
    & Sons 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
    Randall Wells and Leroy Brown
    & Sons has violated the provision
    alleged in the Administrative Citation.
    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 ~enaltv has already been
    paid, within 30 days of the date of this order Randall Wells
    and Leroy Brown
    & Sons 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 $500.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    OIL~1-UJ51
    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
    Board, hereby certify ~hat the above order was adopted on the
    ~‘
    day of
    ,
    1993,
    by a vote of
    /~
    (2~~
    ~
    Dorothy N. /G/lnn, Clerk
    Illinois P61/lution Control Board
    01
    L~
    I -0152

    Back to top