ILLINOIS POLLUTION CONTROL BOARD
    March 14,
    1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    AC
    90—95
    v.
    )
    (IEPA Case No.
    544-90-AC)
    (Administrative Citation)
    JOHNSON
    BLACKWELL,
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD
    BY
    (3.
    C.
    Marlin):
    This
    matter
    comes
    before
    the
    Board
    on
    a
    February
    19,
    1991
    motion to amend administrative citation and correct Board Order of
    January
    24,
    1991
    filed by the Illinois Environmental Protection
    Agency
    (Agency).
    In support of its motion the Agency states that
    the
    inspection
    report
    incorrectly
    named
    Clinton
    County
    as
    the
    facility location
    instead
    of Marion County and that
    no material
    prejudice will
    occur
    if the administrative
    citation
    is
    amended.
    The Agency also states that the site code number is incorrect and
    should be amended.
    Pursuant to
    35
    Ill.
    Adm.
    Code
    101.301(a),
    the Board hereby
    grants the Agency’s motion, vacates the Order of January 24,
    19.91,
    and corrects the Board Order as follows below.
    This matter comes before the Board upon a December
    3,
    1990
    filing of an Administrative
    Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by the Illinois
    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 Johnson Blackwell on December
    1,
    1990.
    The
    Agency alleges that on October
    3,
    1990, Johnson Blackwell,
    present
    owner and/or operator of
    a facility located in Marion County and
    commonly known to the Agency as Centralia/Blackwell
    #2, violated
    Section 2 1(q) (1) of the Act.
    The statutory penalty established for
    this violation is $500.00 pursuant to Section 42(b) (4) of the Act.
    Johnson Blackwell
    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)(l),
    the Board
    finds
    that Johnson
    Blackwell
    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.
    It is hereby ordered that, unless the penalty has already been
    paid,
    within
    30
    days
    of the date of this Order Johnson Blackwell
    120— 103
    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 ~ProtectionAgency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL.
    62706.
    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
    ~~?a.t~L’
    ,
    1991,
    by
    a
    vote
    of
    7-0
    A___
    ~
    Illinois ‘D’ollution Control Board
    120—104

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