ILLINOIS POLLUTION CONTROL BOARD
October
24, 1991
ILLINOIS ENVIRONMENTAL,
PROTECTION AGENCY,
Complainant,
v.
)
AC 91—40
(lEPA No.
500—91—AC)
CURTIS ~
NEWLAN,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a September
9,
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 Curtis A.
Newlan on
September
5,
1991.
The Agency alleges that on July 18,
1991,
Curtis A. Newlan, present owner and/or operator of a facility
located
in Hancock County,
and commonly known to the Agency as
Pactoosuc/Newlan Property, violated Section 21(q)(1)
of the
Act.
The statutory penalty established for this violationis
$500.00 pursuant to Section 42(b)(4) of the Act.
Curtis
A. Newlan has not ~i1ed 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.l(d)(1),
the Board finds that Curtis A.
Newlan has
violated the provision alleged
in the Administrative Citation.
Since
there
is one
(1)
such violation,
the total penalty
to be
imposed is set at $500.00.
1.
It
is hereby ordered that,
unless
the penalty has already
been paid,
within 30 days of the date of
this Order Curtis A.
Newlan 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 $500.00 which is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
126—635
—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
Boa d,j~re~ycertify
t
t
t
ove Order was adopted on the
~
day of
,
1991, by a vote of
7_U.
oJ~~
~
Dorothy M. Guy~,Clerk
Illinois Po1J~.ition Control Board
126—636