ILLINOIS POLLUTION CONTROL BOARD
May
7,
1992
COUNTY OF JACKSON,
)
)
Complainant,
v.
)
AC 92—22
)
(County No. None)
EVERETT ALLEN d/b/a ALLEN WASTE
)
(Administrative Citation)
MANAGEMENT,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a March 16,
1992
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the County of
Jackson.
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 Everett
Allen on March 24,
1992.
The County of Jackson alleges that on
February 11,
1992,
Everett Allen, present owner and/or operator
of a facility located in the County of Jackson, and commonly
known to the Agency as DeSoto/Jackson County Landfill, violated
Sections 21(o)(7) and 21(o) (10) of the Act.
The statutory
penalty established for each of these violations is $500.00
pursuant to Section 42(b)(4)
of the Act.
Everett Allen 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 Everett Allen has
violated the provisions 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 Everett Allen
shall,
by certified check or money order payable to the
Jackson County Treasurer,
pay a penalty in the amount of
$1,000.00 which is to be sent to:
Shirley Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro,
Illinois
62966
133—309
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
the 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 certjf~ythat the above order was adopted on
the
7R7~~
day of
,
1992,
by a vote of
7~()
//
c—A”
~
~
Dorothy M. G~nn,Clerk
Illinois PoJ/lution Control Board
133—310