ILLINOIS POLLUTION CONTROL BOARD
    November
    21,
    1991
    ILLINOIS ENVIRONMENTAL,
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    AC 91—44
    (IEPA No.
    550—91—AC)
    VANCE EATON,
    )
    (Administrative Citation)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a September
    25,
    1991
    filing of an Administrative Citation pursuant
    to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act) by the :llinois
    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 Vance Eaton on September
    26, 1991.
    The Agency alleges that on August
    7,
    :991, Vance
    Eaton,
    present owner and/or operator of a facility located
    in
    Warren County, and commonly known to the Agency as Berwick/Eaton,
    violated Section 21(q)(l)
    of the Act.
    The statutory penalty
    established for this violation is $500.00 pursuant
    to Section
    42(b)(4)
    of the Act.
    Vance Eaton 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 3l.l(d)(2)
    of the Act.
    Therefore,
    pursuant
    to
    Section 31.l(d)(1),
    the Board finds that Vance Eaton has violated
    the provision alleged in ~he Administrative Citation.
    Since
    there is one
    (1)
    sucn violation,
    the total penalty to be imposed
    is set at $500.00.
    1.
    It
    is hereby ordered that, unless the penalty has already
    been paid,
    within
    30 days of the date of this Order Vance
    Eaton 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 $500.00 which
    is
    to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    127—267
    —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 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,
    Ill. Rev.
    Stat. 1989,
    ch. lll~,par.
    1041, provides for appeal of final
    Orders of the Board within
    35 days.
    The Rules of
    the Suprern~
    Court of Illinois establish filing requirements.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn, Clerk
    of the Illinois Pollution Control
    Boa;d,
    hereby certi~y~hatthe above Order was adopted on tI~e
    ç/~.2A~day of
    /~a,~~jJ
    ,
    1991,
    by
    a vote of
    ~
    /
    I,
    ~borothy M. ~nñ,
    Clerk
    Illinois P~lutionControl Board
    127—268

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