ILLINOIS POLLUTION CONTROL BOARD

June 23,

1992

COUNTY OF OGLE,

)

Complainant,

v.

)

AC 92—38

(SA No. 92—M—l002)

RICHARD HAAN, JR.,

)

(Administrative Citation)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a May 19,

1992

filing of an Administrative Citation pursuant to Section

31..

of

the Illinois Environmental Protection Act

(Act)

by the County of

Ogle.

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 Richard Haan on May

15,

1992.

The County of Ogle alleges that on March 16,

1992,

Richard Haan,

present owner and/or operator of a facility located

in the Cunty of Ogle,

and commonly known to the Agency as Mt.

Morris Estates Trailer Park, violated Sections 21(p) (1) and

21(p) (3)

of the Act.

The statutory penalty established for each

of these violations

is $500.00 pursuant to Section 42(b)(4)

of

the Act.

Richard Haan 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 Richard

Haan 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 Richard

Haan shall, by certified check of money order payable to the

Ogle County Treasurer, pay a penalty in the amount of

$1,000.00, which is to be sent to:

Ogle County Treasurer

Ogle County Courthouse

P.O. Box 40

Oregon,

Illinois

61061

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.

134—373

---

2

3.

Penalties upaid 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. 111—1/2, par.

1041, provides for appeal of final

Order os 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

Bo~rc~,h~rebycertify

at the above order was adopted on the

7A~ day of

,

1992, by a vote of

Control Board

134—3 74