ILLINOIS POLLUTION CONTROL BOARD
    May
    23,
    1991
    ILLINOIS ENVIRONMENTAL,
    PROTECTION AGENCY,
    )
    Complai~iant,
    V.
    )
    AC 91—18
    (IEPA No.
    161-91—AC)
    CLEM RADCLIFF,
    )
    (Administrative Citation)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before
    the Board upon an April
    8,
    ~991
    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~sOpinion Volumes.
    Service of
    the
    Administrative Citation was made upon Clem Radcliff on April
    8,
    1991.
    The Agency alleges that on February
    7,
    1991,
    Clem
    Radcliff, present owner and/or operator
    of
    a facility located
    in
    McDonough County,
    and commonly known
    to the Agency as
    Macomb/Radcliff Property, violated Section 21(q)(3) of the Act.
    The statutory penalty established for this violation
    is $500.00
    pursuant to Section 42(b)(4) of the Act.
    Clem Radcliff has not
    filed a Petition
    ~or 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.l(d)(1),
    the Board finds that Clem Radcliff has
    violated the provision alleged
    in the Administrative Ci:ation.
    Since
    there
    is one ~l) such violation, the total penalty
    to be
    imposed
    is set ~: $500.00.
    1.
    It
    is hereby ordered that, unless the penalty ha3 already
    been paid,
    within
    30 days of
    the date of this Order Ciem
    Radcliff shall,
    oy certified check or money order oayaole to
    the State of Illinois and desianated 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 Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    122—295
    —2—
    2.
    Respondent shall
    include the remittance form and write the
    case name arid number and their social security or
    federal
    Employer Identification Number on the certified check or
    money order.
    3.
    Penalties unpaid atter
    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
    ~O
    Dorothy
    M. G~n, Clerk
    Illinois Pol’iution Control Board
    122—296

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