ILLINOIS POLLUTION CONTROL BOARD
September 17,
1992
SANGANON
COUNTY,
)
)
Complainant,
V.
~
(SCDPH—92—AC—15)
(Administrative Citation)
L.P. FLECK, JR.,
Respondent.
ORDER
OF THE
BOARD:
This matter comes before the Board upon a July 31,
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 L.P. Fleck
on July 31,
1992.
Sangamon County alleges that on July 7,
1992,
L.P.
Fleck, present owner and/or operator of a facility located
in Sangamon County and commonly known to the Agency as Williams
Township/Fleck, violated Sections 21(p) (1) and 21(p) (3)
of the
Act.
The statutory penalty established for each of these
violations
is $500.00 pursuant to Section 42(b) (4) of the Act.
L.P. Fleck 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 L.P. Fleck 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 tenaltv has already been
paid, within 30 days of the date of this order L.P. Fleck
shall, by certified check or money order payable to the
Sangamon County 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
200 South Ninth Street
Room 301
Springfield, Illinois 62701
0136-0087
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
ecti
$2~g~-ofthe~I~lIno±s~Environmenta~1
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
Board
hereby cert
y that the above order was adopted on the
I7~
day of
,
1992, by a vote of
-
~
.
Dorothy M.,4~ünn,Clerk
Illinois P~lutionControl Board
0136-0088