ILLINOIS POLLUTION CONTROL BOARD
June 8, 2000
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
OTIS BRYMER,
Respondent.
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AC 00-77
(IEPA No. 162-00-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On April 19, 2000, complainant properly and timely filed an administrative citation with
the Board pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS 5/31.1
(1998)), alleging that respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1)
(1998)). The statutory penalty established for each violation is $1,500 pursuant to Section
42(b)(4) of the Act. 415 ILCS 5/42(b)(4) (1998), as amended by Pub. Act 91-82, eff. January
1, 2000.
In this matter, respondent has not filed a petition for review with the Clerk of the Board
within 35 days of the date of service as required by Section 31.1(d)(1) of the Act. 415 ILCS
5/31.1(d)(1) (1998). Accordingly, the Board finds that respondent has violated the provisions
alleged in the administrative citation, which is attached hereto. Since there is one such
violation, the total penalty to be imposed is $1,500.
It is hereby ordered that:
1.
Respondent shall pay a civil penalty in the amount of $1,500 within 30 days of
the date of this order.
2.
Payment shall be made in the form of a certified check or money order, payable
to the Illinois Environmental Protection Trust Fund. The case number, case
name, and respondent’s social security number or federal employer identification
number should also be included on the check or money order.
3.
The check or money order and the remittance form shall be sent to:
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Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Penalties unpaid after 30 days of the date of this order shall accrue interest
pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
5.
Payment of this penalty does not prevent future prosecution if the violation
continues.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 8th day of June 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board