ILLINOIS POLLUTION CONTROL BOARD
April
9,
1992
ST. CLAIR COUNTY,
)
Complainant,
v.
)
AC 92—13
(92—3
SC)
)
(Administrative Citation)
DARRELL SHELTON,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a February 24,
1992
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by St. Clair
County.
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 Darrell
Shelton on February 18,
1992.
St. Clair County alleges that on
January 22,
1992,
Darrell Shelton, present owner and/or operator
of a facility located i~nSt.Clair County and coimnonly known to
the Agency as St. Clair/Shelton, violated Sections 21(o) (1) and
21(0) (3)
of the Act.1
The statutory penalty established for each
of these violations is $500.00 pursuant to Section 42(b)(4)
of
the Act.
Darrell Shelton 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 Darrell Shelton 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 Darrell Shelton
shall, by certified check or money order payable to the
Landfill Citation Fund, pay a penalty in the amount of
$1,000.00, which is to be sent to:
1
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(o)
and 21(p) respectively.
132—157
2
Paul Haas
County Collector
#10 Public Square
Belleville,
Illinois 62220
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 nioney
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 M. Gunn, Clerk of the Illinois Pollution Control
Boa d
hereby certify that the above Order was adopted on the
________
day of
,
1992,
by a vote of
~
/~/
Dorothy N.(~unn,Clerk
Illinois rk~llutionControl Board
132—158