ILLINOIS POLLUTION CONTROL BOARD
May 9,
1991
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 91—10
(EPA DOcket No.
135—91—AC)
JERSEY SANITATION CORPORATION,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon a March
25,
1991
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 Jersey Sanitation on March
22, 1991.
The Agency alleges that on January
23,
1991, Jersey
Sanitation, present owner and/or operator of
a facility located
in Jersey County and commonly known to the Agency as
Jerseyville/Jersey Sanitation Corporation, violated Sections
2l(p)(2) and 2l(p)(5) of the Act.
The statutory penalty
established
for each of these violations is $500.00 pursuant to
Section 42(b)(4) of
the Act.
Jersey Sanitation 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 3l.l(d)(l),
the Board
finds •that Jersey Sanitation 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 Jersey
Sanitation 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 $1,000.00 which is
to
be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
122—159
—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.
1ll~,
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
,
1991, by a vote of
7O
/
Ii
ion Control Board
122—160