ILLINOIS POLLUTION CONTROL BOARD

May 9,

1991

~ILLINOISENVIRONMENTAL,

PROTECTION AGENCY,

)

Complainant,

)

 AC 91—li

(IEPA No.

 141-91-AC)

HAROLD LOWRY,

)

 (Administrative Citation)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon

 a March

27,

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 Harold Lowry on March

25,

1991.

 The Agency alleges that on January

24,

 1991, Harold Lowry,

present owner and/or operator of

 a facility

 located in Edgar

County, and commonly known

 to the Agency as Paris/Lowry, violated

Section 2l(q)(l) of the Act.

 The statutory penalty established

for this violation

 is $500.00 pursuant to Section 42(b)(4)

 of the

Act.

Harold Lowry 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.l(d)(2)

of

 the Act.

 Therefore, pursuant

to

Section 3l.1(d)(1), the Board finds that Harold Lowry has

violated the provision alleged in the Administrative Citation.

Since

 there

 is one

()

 such violation,

 the total penalty to be

imposed

 is set at

 $530.00.

1.

It

 is hereby ordered that, unless the penalty has already

been paid,

 within

 30 days of the date of this Order Harold

Lowry shall,

 oy 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 se~itto:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

 Illinois

62706

122—16 1

—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 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

/~.

Dorothy M. G~n, Clerk

Illinois Poj4ution Control Board

122—16 2