ILLINOIS POLLUTION CONTROL BOARD
    May 20,
    1993
    SANGAI’ION COUNTY,
    Complainant,
    v.
    )
    AC 93—12
    (SCDPH-93-AC—3)
    )
    (Administrative Citation)
    DAVE PHILLIPS and EARL
    PHILLIPS,
    Respondents.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a March 30,
    1993
    filing of an Administrative Citation pursuant to Section 31.1
    of
    the Illinois Environmental Protection Act
    (Act)
    by Sangainon
    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 Dave and
    Earl Phillips on March
    31,
    1993.
    Sangamon County alleges that on
    March
    17,
    1993 Dave and Earl Phillips, present owners and/or
    operators of a facility located in Sangamon County and commonly
    known to the Agency as Cooper Township/Phillips, violated
    Sections 21(p) (1) and 21(p) (3)of the Act.
    The statutory penalty
    established for these violations is $500.00 pursuant to Section
    42(b)(4)
    of the Act.
    Dave and Earl Phillips have 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 Dave and Earl
    Phillips have 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 Denalty has already been
    paid,
    within
    30 days of the date of this order Dave and Earl
    Phillips shall,
    by certified check or money order payable to
    the Sangamon County Public Health Department, pay a penalty in
    the amount of $1,000.00, which is to be sent to:
    James
    D. Stone
    Director of Public Health
    Sangarnon
    County
    Department of Public Health
    200
    South Ninth Street
    -
    Room 301
    Springfield,
    Illinois
    62701
    0
    132-~J6L~.9
    2
    2. Respondents 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,
    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
    Boaçd,
    hereby certify that the above order was adopted on the
    ~
    day of
    ,
    1993,
    by a vote of
    /7
    7
    ~
    A~.
    Dorothy M. ,~x’nn, Clerk’
    Illinois Pq3/Lution Control Board
    01
    ~O65O

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