ILLINOIS POLLUTION CONTROL BOARD

July 30,

1992

ST. CLAIR COUNTY,

)

Complainant,

)

v.

)

AC 92—46

)‘

(County No. 92—6 SC)

LARRY

ESTERLEN,

)

(Administrative Citation)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a June 8,

1992

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by St. Clair

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 Larry

Esterlen, on June 2,

1992.

St. Clair County alleges that on

April 28,

1992, Lai~ryEsterlen, present owner and/or operator of

a facility located in St. Clair County, and commonly known to the

Agency as Belleville/Nt. Hope Cemetery Association, 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.

Larry Esterlen 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 Larry Esterlen has

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 Larry Esterlen

shall, by certified check or money order payable. to the

Landfill Citation Fund, pay a penalty in the amount of $500.00

which is to be sent to:

Paul Haas

County Collector

#10 Public Square

Belleville,

Illinois 62220

0135-022

1

---

2

2. Respondent shall include the remittance for.~, 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~,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 Board, hereby certi~ t at the above order was adopted on

the

~

day of

.

,

1992,

by a vpte of

~ -C

~

Dorothy N.

,4i~inn, Clerk

Illinois Pd~jlutionControl Board