ILLINOIS POLLUTION CONTROL BOARD
August 24, 2000
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
CITY OF ELDORADO,
a municipal corporation,
Respondent.
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AC 01-2
(IEPA No. 280-00-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On July 6, 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)(3) of the Act (415 ILCS 5/21(p)(3) (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).
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 provision 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.
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3.
The check or money order and the remittance form shall be sent to:
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 24th day of August 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board