ILLINOIS POLLUTION CONTROL BOARD
December 17, 1992
SANGAMON
COUNTY,
)
Complainant,
v.
)
AC 92—77
(SCDPH—92—AC—19)
(Administrative Citation)
MCCABE
PACKING
COMPANY,
Respondent.
ORDER
OF
THE
BOARD:
This
matter
comes
before
the
Board
upon
a
November
4,
1992
filing
of
an
Administrative
Citation
pursuant
to
Section
31.1
of
the Illinois Environmental Protection Act
(Act)
by Sangamon
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 McCabe
Packing Company on November 2,
1992.
Sanganton County alleges
that on October
15, 1992, McCabe Packing Company, present owner
and/or operator of a facility located in Sangamon County and
commonly known to the Agency as Springfield/McCabe Packing
Company, violated Sections 21(p) (1), 21(p) (5)
and 21(p) (6) of the
Act.
The statutory penalty established for each of these
violations is $500.00 pursuant to Section 42(b)(4) of the Act.
McCabe Packing Company 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 McCabe Packing
Company has violated each and every provision alleged in the
Administrative Citation.
Since there are three
(3)
such
violations, the total penalty to be imposed is set at $1,500.00.
1. It is hereby ordered that, unless the Denalty has already
been
paid, within 30 days of the date of this order McCabe Packing
Company shall, by certified check or money order payable to
the Sangamon County Public Health Department, pay a penalty in
the amount of $1,500.00, which is to be sent to:
James D.
Stone
Director of Public Health
Sangamon County Department of Public Health
200 South Ninth Street
-
Room 301
Springfield,
Illinois
62701
0138-020
1
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.
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 M. Gunn,
Clerk of the Illinois Pollution Control
Boa,rd~bereby
certify
hat
the
above
order
was
adopted
on
the
_______
day
of
,
1992,
by
a
vote
of
Dorothy M. ~
Clerk
Illinois Pd1~iutionControl Board
0138-0202