ILLINOIS POLLUTION CONTROL BOARD
July
30,
1992
SANGAMON
COUNTY,
)
)
Complainant,
v.
)
AC
92—43
(SCDPH—92—AC—11)
ILLINOIS NATIONAL
BANK
OF
)
(Administrative
Citation)
SPRINGFIELD, n/k/a FIRST OF
)
AMERICA BANK, SPRINGFIELD as
)
Trustee Under Trust No.
)
13-04439—00; ROBERT GOLDSBERRY
)
and NANCY GOLDSBERRY,
)
Respondents.
ORDER OF THE
BOARD:
This matter comes before the Board upon a June
1,
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 Illinois
National Bank of Springfield, n/k/a First of America Bank,
Springfield,
on May 19,
1992,
and on Robert and Nancy Goldsberry,
on May 21, 1992.
Sangamon County alleges that on April
28,
1992,
the Illinois National Bank of Springfield,
n/k/a First of America
Bank,
Springfield, and Robert and Nancy Goldsberry,
present owner
and/or operators of a facility located in Sangamon County, and
commonly known to the Agency as Fancy Creek Township/Goldsberry,
violated Section 21(p) (1)
of the Act.
The statutory penalty
established for this violation is $500.00 pursuant to Section
42(b)(4)
of the Act.
Respondents 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 the Respondents have
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 penalty has already been
paid, within 30 days of the date of this order the Respondents
shall, by certified check or money order payable to the
Sangainon County Public Health Department, pay a penalty in the
amount of $500.00 which is to be sent to:
0135-0217
2
James D. Stone
Director of Public Health
Sangamon County Department of Public Health
200 South Ninth Street
—
Room 301
Springfield,
Illinois
62701
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 ~oard, hereby certify~that the above order was adopted on
the
~
day of
,
1992, by a vote of~
________
7
,~
2
~
~.
~ThorothyM.,4unn, Clerk
Illinois ~Ø’l1utionControl Board
0135-0218