ILLINOIS POLLUTION CONTROL
BOARD
July 30,
1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 92—44
)
(IEPA Docket No. 298—92—AC)
H/L DISPOSAL COMPANY, d/b/a
)
(Administrative Citation)
BRICKYARD DISPOSAL and
)
RECYCLING,
INC.,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a June 5,
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 H/L Disposal Company on
June 5,
1992.
The Agency alleges that on April
9,
1992,
H/L
Disposal Company, present owner and/or operator of a facility
located in Vermilion County and commonly known to the Agency as
Danville/Brickyard Road Disposal and Recycling, violated Sections
21(o) (5) and 21(0) (9) of the Act.
The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b) (4)
of the Act.
H/L Disposal 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 H/L Disposal Company
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 penalty has already been
paid, within 30 days of the date of this order H/L Disposal
company 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
0135-0219
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
this 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 certi
that the above order was adopted on~the
~
day of
,
1992,
by a vote of
~
Dorothy N. ~nn,
Clerk
Illinois PdYlution Control
Board
0135-0220