ILLINOIS POLLUTION CONTROL BOARD
January 7, 1999
COUNTY OF LASALLE,
Complainant,
v.
RACHAEL SOUTHCOMBE c/o
WILLIAM SOUTHCOMBE, P.O.A,
Respondent.
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AC 99-19
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On November 12, 1998, 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 (1996)), alleging that respondent violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (1996)). The statutory penalty established for each violation is $500 pursuant
to Section 42(b)(4) of the Act. 415 ILCS 5/42(b)(4) (1996).
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 31.1(d)(1) (1996). 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 $500.
It is hereby ordered that:
1.
Respondent shall pay a civil penalty in the amount of $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 County of LaSalle. 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).
3.
The check (or money order) and the remittance form shall be sent to:
LaSalle County
Department of Environmental Services and Land Use
119 West Madison
Room 400
Ottawa, Illinois 61350
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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) (1996).
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 (1996)) 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 7th day of January 1999 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board