ILLINOIS POLLUTION CONTROL BOARD

September

3,

1992

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

v.

)

AC 92—54

)

(IEPA Docket No.

335-92-AC)

JIM MAYO,

)

(Administrative Citation)

Respondent.

ORDER OF

THE

BOARD:

This matter comes before the Board upon a July 14,

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 Jim Mayo on July 14,

1992.

The Agency alleges that on May 15,

1992, Jim Mayo,

present owner

and/or operator of a facility located in Henderson County and

commonly known to the Agency as Oquawka/Nayo, violated Sections

21(p) (1) and 21(p) (5)

of the Act.

The statutory penalty

established for each of these violations

is $500.00 pursuant to

Section 42(b)(4)

of the Act.

Jim Mayo 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 Jim Mayo 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 Jim Mayo 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

0135-05145

---

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

.14.

Gunn,

Clerk of the Illinois Pollution Control

Bo~d,hereby certi~that the above order was adopted on the

~

day of

~

,

1992, by a vote ofZ.1~’.

(•7

~

‘~

//j~

Dorothy M. ~nn,

Clerk

Illinois Poi/lution Control Board