ILLINOIS POLLUTION CONTROL BOARD
October
24,
1991
ST. CLAIR COUNTY,
Complainant.
v.
)
AC 91—42
(County No.
91—6
SC)
(Administrative Citation)
JOE HAMMEL,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a September
13,
1991
filing of an Administrative Citation pursuant
to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by the County of
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 Joe Hamxnel
on September
5,
1991.
The County of
St. Clair alleges that on
July 17,
1991, Joe Harnmel, present owner and/or operator of a
facility located
in St. Clair County and commonly known
to the
Agency as O’Fallon/Hammel, violated Sections 2l(q)(l)
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.
Joe Hammel
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
31.l(d)(l),
the Board finds that Joe Hammel 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,
ithin
30 days of the date
of
this Order Joe
Hamntel shah,
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
126—639
—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. l1l~,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,~fl.~rebycertif;
t at the above Order
was adoptedpn the
c~-71L?-~dayof
,
1991, by a vote of
/-~2,,
Dorothy M. Gun~’Clerk
Illinois Poll4).on Control Board
126—640