ILLINOIS POLLUTION CONTROL BOARD
    February 25, 1993
    COUNTY OF MADISON,
    )
    )
    Complainant,
    )
    v.
    )
    AC 92—76
    )
    (County Docket No.
    92-02)
    DUANE ARNOLD,
    )
    (Administrative
    Citation)
    )
    Respondent.
    COUNTY OF MADISON,
    )
    )
    Complainant,
    )
    V.
    )
    AC 92—80
    )
    (County Docket No. 92-03)
    LAKESIDE ROOFING
    COMPANY,
    )
    (Administrative
    Citation)
    )
    (consolidated)
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board upon respondents’ February
    9,
    1993, motion to withdraw the petition for review.
    Respondents
    filed the petition for review with the Board on December 7, 1992.
    In the motion respondents state that because of business demands
    Duane Arnold would not have time to testify at the upcoming
    hearing.
    (Mot. at
    1.)
    Therefore, respondents state, that they
    would prefer to pay the $1,000.00 fine then to leave their
    business affairs unattended in order to be at the hearing.
    (Mot.
    at 1.)
    The Board hereby grants respondents motion to withdraw the
    petition for review.
    The Administrative Citations
    (AC)
    in this case were filed on
    November 2,
    1992, and November 13,
    1992, pursuant to Section 31.1
    of the Illinois Environmental Protection Act
    (Act)
    by the County
    of Madison
    (County).
    The authority to issue AC5 was delegated to
    the County pursuant to Section 4(r) of the Act.
    (415 ILCS 5/31.1
    and 5/4(r)
    (1992).)1
    A copy of the ACs is attached hereto, but
    will not be printed in the Board’s opinion Volumes.
    Service of
    the ACe was made upon the respondents on October 20,
    1992.
    The
    County alleges that on September 8, 1992, Duane Arnold and
    1The Act was previously codified at 1991,
    Ill.Rev.Stat.
    ch.
    111 1/2 1001 et.
    seq.
    0139-0653
    2
    Lakeside Roofing Company, present owners and/or operators of a
    facility located in Madison County, and commonly known to the
    County as Granite City/Lakeside Roofing, violated Sections
    21(p) (1)
    ‘and 21(p) (3)
    of the Act.
    The statutory penalty
    established for such violations is $500.00 per violation or
    $1,000.00 pursuant to Section 42(b)(4)
    of the Act.
    Respondents have withdrawn their petition for review.
    Therefore, they have 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, the Board pursuant to
    Section 31.1(d) (1)
    finds that the respondents have violated the
    provisions alleged in the AC.
    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
    Duane
    Arnold
    and/or Lakeside Roofing Co.
    shall, by certified check or money
    order
    payable
    to
    the General
    Fund—Solid Waste
    Fine,
    pay
    a
    penalty in the amount of $1,000.00 which is to be sent. to the
    attention of John N.
    Shimkus:
    County Treasurer
    157 N. Main St.
    Edwardsville,
    IL 62025
    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 this violation continues.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41
    (1992).) provides for appeal of final orders of the Board within
    35 days.
    The rules of the Supreme Court of Illinois establish
    filing requirements.
    (But see also 35 Ill. Adm. Code 101.246,
    Motions for Reconsideration, and Castenada v. Illinois Human
    Rights Commission
    (1989),
    132 Ill. 2d 304,
    547 N.E.2d 437.)
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    01 39-065t~
    3
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby certify
    t the above order was adopted on the
    _______
    day of
    .
    ,
    1993, by a vote of
    ~L.
    /L~”
    Dorothy M.,4znn, Clei~k
    Illinois ~3~lution Control Board
    0139-0655

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