ILLINOIS POLLUTION CONTROL BOARD
December 17, 1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 92—75
)
(EPA Docket No.
565-92-AC)
MORRIS CARRAWAY,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a November 2,
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 Morris Carraway on November
2,
1992.
The Agency alleges that on September 3,
1992, Morris
Carraway, present owner owner and/or operator of a facility
located in St. Clair County, and commonly known to the Agency as
East St. Louis/Carraway, violated Sections 21(p)(1) and 21(p)(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.
Morris Carraway 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 Morris Carraway has
violated the provisions 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 penalty has already
been Daid, within 30 days of the date of this Order Morris
Carraway 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
0138-0
1 99
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 the violation continues.
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat.
1989,
ch.
111—1/2, par. 1041, provides for appaal 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, borothy N. Gunn,
Clerk of the Illinois Pollution Control
Boar~,~herebycerti,fy that the above order was adopted on the
I.7~
day of
,
1992, by a vote of
7_C)
~
orothy N. G~4~n,Clerk
Illinois PoWution Control Board
013.8-020Q