ILLINOIS POLLUTION CONTROL BOARD
April 23,
1992
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
AC 92—17
)
(IEPA Docket No.
133—92-AC)
ROBERT
S. CONNELLY and
)
(Administrative Citation)
VIRGINIA B. CONNELLY,
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon a March 12,
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 Robert and Virginia
Cànnelly on March 11, 1992.
The Agency alleges that on January
13,
1992, Robert and Virginia Connelly, present owners and/or
operators of a facility located in Shelby County and commonly
known to the Agency as ShellyvillefConnelly, violated Sections
21(p) (1), and 21(p) (4)
of the Act.
The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4)
of the Act.
Robert and Virginia Connelly 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 Robert and
Virginia Connelly 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 Robert and
Virginia Connelly 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
13 3—183
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, 4hereby certi~ythat the above order was adopted on the
~-2~-~-~
day of
,
1992, by a vote of
7C
2
~
~
~
Dorothy M. ,~inn,Clerk
Illinois Pó~.lutionControl Board
133—184