ILLINOIS
POLLUTION
CONTROL
BOARD
January
21,
1993
MONTGOMERY
COUNTY,
)
)
Complainant,
)
V.
AC 92—85
(M~HD9201—AC—3)
ENVOTECH
ILLINOIS,
INC.,
(Administrative Citation)
Respondent.
ORDER
OF
THE
BOARD:
This matter comes before the Board upon
a
December
4,
1992
filing of an Administrative Citation pursuant to Section 31.3 of
~the Illinois
Environmental
Protection
Act
(Act)
by Montgomery
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
Envot.ch Illinois on
December
1,
1992.
Montgomery County
alleges
that
on
October
9 and
October
15,
1992,
Envotech
Illinois,
present
owner and/or
operator
of
a
facility
located
in
Montgomery
County
and
commonly
known
to
the
Agency
as
the
Litchfield/Hillaboro
Landfill
or
Envotech
Illinois Landfill, violated Sections 21(o) (5)
and
21(o) (5) of the
Act.
The
statutory
penalty
established
for
each
of
these
violations is $500.00 pursuant to Section 42(b)(4) of the Act.
Envotech Illinois 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 Envotech Illinois 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 Denalty has already
been
Daid,
within
30 days of the date of this order Envotach
Illinois
shall,
by certified check or money order payable to
the Montgomery County Treasurer, pay a
penalty
in
the
-amount
of $1,000.00, which is to be
sent to:
Tom
Larson,
Director
Montgomery County Health Department
South Route 185
Hilisboro,
Illinois
62049
OI38~O5~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 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 fut-ire 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
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.
Cunn,
Clerk
of
the
Illinois
Pollution
Control
Board, hereby certify
at
the above order
was
adopted
on
the
c~/’~-~
day
of
,
1993,
by a
vote
of
~.—0
.
A.
Dorothy N. q4hn, Clerk
Illinois Po~tutionControl Board
0138-O5~~2