ILLINOIS POLLUTION CONTROL BOARD
    November 19,
    1992
    COUNTY OF MADISON,
    )
    Complainant,
    V.
    )
    AC 92—65
    )
    (County No.
    92-01)
    BRIAN HAYES,
    d/b/a
    HAYES
    )
    (Administrative Citation)
    EXCAVATING,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a September 21,
    1992
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by the County of
    Madison.
    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 Brian Hayes
    on September 19,
    1992.
    The County of Madison alleges that on
    July 21,
    1992,
    Brian Hayes, present owner and/or operator of a
    facility located in the County of Madison and commonly known to
    the Agency as Collinsville/Hayes Excavating, violated Section
    21(p) (1)
    of the Act.
    The statutory penalty established for this
    violation is $500.00 pursuant to Section 42(b) (4)
    of the Act.
    Brian Hayes 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 Brian Hayes 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, unless the ~enaltv has already
    been raid, within 30 days of the date of this order Brian
    Hayes shall,
    by certified check or money order payable to
    the General Fund
    -
    Solid Waste Fine, pay a penalty in the
    amount of $500.00, which is to be sent to:
    John M. Shimkus
    County Treasurer
    157 N. Main Street
    Edwardsville, Illinois
    62025
    0137-0237
    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 future 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 M.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify that the above order was adopted on the
    /r~~-
    day of
    ,
    1992, by a vote of
    ~
    1L.
    ~
    Dorothy M.,4unn,
    Clerk
    Illinois ~6llution Control Board
    0137-0238

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