ILLINOIS POLLUTION CONTROL BOARD
May
7,
1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
v.
)
AC 92—23
(IEPA Docket No.
153—92-AC)
JOHN JENNINGS d/b/a
)
(Administrative Citation)
JENNINGS BROTHERS L1~.NDFILL,
)
Respondent.
ORDER
OF
THE
BOARD:
This
matter comes before the Board upon a March. 20,
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 John Jennings on March 19,
1992.
The Agency alleges that on January 23,
1992, John
Jennings, present owner and/or operator of
a facility located in
Brown County and commonly known to the Agency as
Tiiuewell/Jennings, violated Sections 21(o)(5), and 21(o) (12)
of
the Act.
The statutory penalty established for each of these
violations is $500.00 pursuant to Section 42(b) (4)
of the Act.
John Jennings 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 John Jennings 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 John Jennings
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 Di\rision
2200 Churchill Road
Springfield,
IL 62706
133—31~I
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 M. Gunn, Clerk of the Illinois Pollution Control
Boaid,
hereby certify, that the above order was adopted on the
/~‘
day
of
~‘~‘-“~--
,
1992,
by a vote of
7~
(j
/~
/
c-.;
Dorothy M.,~Gunn,Clerk
Illinois ~?6llutionControl Board
133—3
12