ILLINOIS POLLUTION CONTROL BOARD
    January 9,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    AC 91—47
    )
    IEPA Case No. 633—91—AC
    EDWIN W.
    CARLSON,
    )
    (Administrative Citation)
    )
    Respondent.
    )
    ORDER OF THE
    BOARD
    (by J.
    C. Marlin):
    This matter
    comes before the Board
    on
    a December
    19,
    1991
    letter from the respondent.
    The letter states that the respondent
    had
    paid
    the
    $1,000.00
    civil
    penalty
    in
    this
    administrative
    citation case.
    This letter
    is corroborated by an Agency
    letter
    filed December 11,
    1991 which states that the civil penalty in AC
    91—47
    was
    paid
    in
    full
    on
    December
    6,
    1991.
    The
    Board
    is
    construing the respondent’s
    letter as
    a motion
    to withdraw his
    petition for review filed November 6,
    1991.
    On November 4, 1991, an administrative citation was filed with
    the Board 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
    Edwin W.
    Carlson on November
    1,
    1991.
    The Agency alleges that on
    September 3,
    1991, Edwin W. Carlson, present operator of a facility
    located in the County of Winnebago, violated Sections 21(q) (1)
    and
    21(q) (4)
    of the Act.
    The statutory penalty established for each
    violation is $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Respondent has withdrawn his petition
    for review which was
    filed
    on
    November
    6,
    1991.
    Therefore,
    pursuant
    to
    Section
    31.1(d) (1), the Board finds that the Edwin W. Carlson has violated
    each and every provision alleged in the administrative citation.
    Since there
    is two
    (2)
    such violations,
    the total penalty to be
    imposed is set at $1000.00.
    1.
    It is hereby ordered that, unless the penalty has already been
    paid,
    within
    30
    days
    of
    the date
    of
    this
    Order
    Edwin
    W.
    Carlson 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 $1000.00 which is to be sent to:
    129—12 1
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL.
    62706.
    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 the violatiàn 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 M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    ttrat
    the
    above Order
    was
    adopted
    on thc
    •
    day
    of
    ,
    1992,
    by
    a
    vote
    of
    Illinois
    :ion Control Board
    129—122

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