ILLINOIS POLLUTION CONTROL BOARD
    June 26,
    1992
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 91—37
    (IEPA No.
    478—91-AC)
    )
    (Administrative Citation)
    )
    HUBERT
    LARSON
    AND
    )
    JOHN
    STRANGE,
    )
    )
    Respondent.
    ORDER
    OF THE BOARD
    (by 3.
    Anderson):
    This administrative citation was filed with the Board on
    August 19,
    1991, and a petition for review was filed on September
    9,
    1991.
    On April
    9,
    1992, the Board ordered the hearing officer
    to schedule this matter for hearing by May 11,
    1992,
    and to
    finish all hearings by July 15, 1992.
    The Board also stated that
    failure to complete hearings according to this schedule would
    subject the proceeding to dismissal for want of prosecution.
    The last filing received in this case was a May 29 hearing
    officer order cancelling a May 11,
    1992 hearing “upon the
    representation by the attorneys for the Petitioner and
    Respondents that the above entitled case has been settled and
    dismissed and that all fines have been paid.”
    The Board accordingly dismisses the petition for review and
    will proceed to issue
    a default order finding respondents in
    violation as alleged.
    This matter comes before the Board upon an August 19,
    1991
    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 Hubert Larson and John
    Strange on August 15,
    1991.
    The Agency alleges that on June 19,
    1991, Hubert Larson and John Strange, present owners and/or
    operators of a facility located in Ogle County, violated Section
    21(q) (1)
    of the Act.
    The statutory penalty established for this
    violation is $500.00 pursuant to Section 42(b) (4)
    of the Act.
    Respondents filed a Petition for Review on September 9,
    1991
    which has been dismissed in this order.
    Therefore, pursuant to
    134—405
    2
    Section 31.1(d) (1), the Board finds that Hubert Larson and John
    Strange has violated the provision alleged in the Administrative
    Citation.
    Since there is one
    (1)
    such violation,
    the total
    penalty to be imposed is set at $500.00-
    1.
    It is hereby ordered that,
    unles
    be
    pena~tyJiasalready been
    paid, within 30 days of the date of this order Hurbert Larson
    and John Strange 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 $500.00 which is to be sent to:
    lllinois Environmenta. Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    2. Respondents shall include the remittance form and write the
    case name and number and their social security or federal
    Employer Ickentification 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, parr
    1041, proiides for appe~iof 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.
    Gunri, Clerk of the Illinois Pollution Control
    Board~hereby certify that the above order was adopted on the
    ~ day of_ ~
    ,
    1992, by a vote ofY’~
    Dorothy M. G~j~i,Clerk
    Illinois Pollution Control Board
    134—406

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