ILLINOIS POLLUTION CONTROL BOARD
    March
    26,
    1992
    ST. CLAIR COUNTY,
    Complainant,
    )
    V.
    )
    AC 92—10
    (92—2
    SC)
    (Administrative
    THOMAS TODD,
    )
    Citation)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a February 21,
    1992
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by St. Clair
    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 Thomas Todd
    on February
    12,
    1992.
    St. Clair County alleges that on December
    16,
    1991 and January 23,
    1992,
    Thomas Todd, present owner and/or
    operator~ofa facility 1oc~atedin St. Clair County and commonly
    known to the Agency as Cahokia/Alton Southern Railway, violated
    Sections 21(p) (1) and 21(p) (1)
    of the Act.’
    The statutory
    penalty established for each of these violations
    is $500.00
    pursuant to Section 42(b) (4)
    of the Act.
    Thomas Todd 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 Thomas
    Todd 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 penalty has already been
    paid,
    within 30 days of the date of this Order Thomas Todd
    shall, by certified check or money order payable to the
    Landfill Citation Fund, pay a penalty in the amount of
    $1,000.00, which is to be sent to:
    I
    Section 21 of the Act was amended by Public Act 87-752,
    effective January
    1,
    1992.
    As
    a
    result,
    the
    two
    subsections
    enforceable through the administrative citation process have been
    changed from 21(p)~and 21(q)
    to 21(o)
    and 21(p)
    respectively.
    13
    1—557
    2
    Paul Haas
    County Collector
    #10 Public Square
    Belleville,
    Illinois 62220
    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 violation continues.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    ch.
    111½,
    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
    ‘~‘
    ~-
    ~
    day of
    (777
    ~‘2~k
    -~-~
    -‘
    ,
    1992, by a vote of
    /
    C
    7,
    /‘F~
    Dorothy N. Gi~nn, Clerk
    Illinois Po~1utionControl Board
    131—558

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