ILLINOIS POLLUTION CONTROL BOARD

May 11,

1989

IN THE MATTER OF:

)

B.J.

SMITH,

)

AC 89—61

)

(IEPA Docket No. 9533—AC)

Respondent.

ORDER OF THE

BOARD:

This matter comes before the Board upon

a March

23, 1989

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.

Service

of the

Administrative Citation was made upon B.J.

Smith on March 23,

1989.

The Agency alleges

that B.J. Smith

has violated Section

2l(q)(l)

of the Act.

The statutory penalty established

for this

violation

is $500.00 pursuant

to Section 42(b)(4)

of

the Act.

B.J.

Smith 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 B.J.

Smith

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.

It

is hereby ordered

that,

unless

the penalty has already

been paid,

within 30 days

of the date

of this Order 8.J.

Smith

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,

IL 62706

IT

IS

SO ORDERED.

99—59

---

—2—

I,

Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify

that the above Order was adopted on the

//~

day of

,

1989,

by

a vote of

7—~

~

~,

Dorothy M,7/Gunn,

Clerk

Illinois ~‘ollution Control Board

99—60