ILLINOIS POLLUTION CONTROL
    BOARD
    December 3,
    1992
    SANGAI4ON
    COUNTY,
    )
    Complainant,
    )
    v.
    )
    AC 92—70
    (SCDPH—92—AC—18)
    (Administrative Citation)
    DELMAR DONLEY,
    )
    Respondent.
    ORDER
    OF THE BOARD:
    This matter comes before the Board upon an October
    16,
    1992
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Sangainon
    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 Delmar
    Donley on October
    15,
    1992.
    Sangamon County alleges that on
    September 25,
    1992, Delmar Donley, present owner and/or operator
    of a facility located in Sangamon County and commonly known to
    the Agency as Williamsville/Donley,
    Inc., violated Sections
    21(p) (1) and 21(p) (3)
    of the Act.
    The statutory penalty
    established for each of these violations is $500.00 pursuant to
    Section 42(b) (4)
    of the Act.
    Delmar Donley 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 Delinar Donley 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 Delmar Donley
    shall, by certified check or money order payable to the
    Sangamon County Health Department,
    pay a penalty in the amount
    of $1,000.00, which is to be sent to:
    James D.
    Stone
    Director of Public Health
    200 South Ninth Street
    Room 301
    Springfield,
    Illinois 62701
    37-0607
    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
    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 N.
    Gunn, Clerk of the Illinois Pollution Control
    Boa;d,. hereby certify, that the above order was adopted on the
    25S*
    day of
    ,
    1992, by a vote of
    7-
    C
    .
    Dorothy M.’~unn,Clerk
    Illinois ~~1llutionControl Board
    Oi37~O5Q8

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