ILLINOIS POLLUTION CONTROL BOARD

July

13,

1989

IN THE MATTER OF:

HERBERT SIMMONS,

 INC.,

)

 AC 89—103

(IEPA Docket No. 9645—AC)

Respondent.

ORDER

 OF’ THE BOARD:

This matter comes before the Board upon

 a May 23,

1989

filing of

 an Administrative Citation pursuant

 to Section 31.1

of

thea 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 Herbett Simmons

 on May

17,

1989.

 The Agency alleges

 that Herbert

 Simmons 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.

Herbert Simmons 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 3l.l(d)(1),

 the Board

 finds

 that Herbert

 Simmons 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

 Herbert

Simmons

 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.

101-485

—2—

I, Dorothy

M.

 Gurin,

 Clerk

 of the Illinois Pollution Control

Board

 hereby certif

hat

 the above Order was adopted on the

/5L~

 day of

 1989, by

 a vote of

4i~

Dorothy M. GWT$,

 Clerk

Illinois Pol~ftionControl

 Board

101—186