ILLINOIS POLLUTION CONTROL BOARD
December 19,
1991
ST. CLAIR COUNTY,
Complainant,
v.
)
AC 91-48
(County No.
91—9 SC)
(Administrative Citation)
DENNIS FULTS,
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon a November 12,
1991
filing of an Administrative Citation pursuant
to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by the County~f
St.
Clair.
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 Dennis Fults
on November
7,
1991.
The County of St.
Clair alleges that on
September
20, 1991,
Dennis Fults, present owner and/or operator
of a facility located in St.
Clair County and commonly known
to
the Agency as Cahokia/Fults, violated Sections 2l(q)(1) and
21(q)(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.
Dennis Fults 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 Dennis Fults 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 Dennis
Fults shall,
by certified check or money order payable to the
Landfill Citation Fund,
pay a penalty
in the amount of
$1,000.00,
which is
to be sent
to:
Paul Haas
County Collector
#10 Public Square
Belleville,
Illinois
62220
12 8—3 17
—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. 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______________
IYbrothy M. G~n, Clerk
Illinois Po1~futionControl Board
128—318