ILLINOIS POLLUTION CONTROL BOARD
May 7,
1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 90—28
)
(IEPA No.
148—90—AC)
ARTHUR
MILLER
)
(Administrative Citation)
(PERU TOWNSHIP/MILLER)
)
)
Respondent.
ORDER OF THE BOARD
(by
J.
C. Marlin):
This matter
comes
before
the Board
on
its
own motion
to
dismiss this petition for review.
On January 9,
1992,
the Board
issued an order
directing the hearing officer to
schedule
this
matter
for
hearing by
February
13,
1992,
and
to complete
all
hearings in this matter by April 9,
1992.
On April
1,
1992,
a copy
of a letter by Rivhard Warrington to the respondent was filed with
the Board indicating that the Agency received a $1,000.00 payment.
For this reason, the petition for review is hereby dismissed, and
the Board will enter a default order on the citation.
On April
9,
1990,
an administrative citation was filed with
the Board pursuant to Section 31.1 of the Illinois Environmental
Protection
Aôt
(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 the
respondent on April
7, 1990.
The Agency alleges that on March 27,
1990, the respondent, present operator of a facility located in the
County of LaSalle, violated Sections 21(q) (1) and 21(q) (3)
of the
Act.1
The statutory penalty established for each violation
is
$500.00 pursuant to Section 42(b)(4)
of the Act.
A petition for
review was filed on May
8,
1990,
and is dismissed by this May 7,
1992 order.
Pursuant
to Section
31.l(d)(1),
the Board
finds
that
the
respondent
has violated
the
provisions
alleged
in the
amended
administrative citation.
Since there are
2 such violations,
the
total penalty to be imposed. is $1,000.00.
Section 21 of the Act was amended by Public Act 87—752, effective January
1, 1992.
As a result, the two subsections enforceable through the administrative
citation process
have been changed
from
21(p)
and
21(q)
to
21(0)
and
21(p)
respectively.
I
33—299
It is hereby ordered that, unless the penalty has already been
paid,
within
30
days
of the date
of
this
order
the respondent
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.
This docket is closed.
IT IS SO
ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify
that the above
order was
adopted on
the
_________
day
of
--
,
1992,
by
a
vote
of
~Dorothy
N. G~ftn, Clerk
Illinois Po~4utionControl Board
1
33—30()