ILLINOIS POLLUTION CONTROL BOARD
October 21, 1999
COUNTY OF WILL,
Complainant,
v.
KEVIN B. DIXON,
Respondent.
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AC 00-19
WC 99 AC05
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On September 9, 1999, the County of Will (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 Sections 21(p)(1) and 21(p)(3) of the Act (415 ILCS 5/21(p)(1), 21(p)(3) (1998)). The
statutory penalty established for each violation is $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 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 are two such violations, the total penalty to be imposed is $1,000.
It is hereby ordered that:
1.
Respondent shall pay a total civil penalty in the amount of $1,000, within 30 days of the date of
this order.
2.
Payment shall be made in the form of two separate certified checks or money orders. The first
certified check or money order shall be made payable to the County of Will in the amount of
$500. The second certified check or money order shall be made payable to the Illinois
Environmental Protection Trust Fund in the amount of $500. The case number, case name, and
respondent’s social security number or federal employer identification number should also be
included on the checks (or money orders).
3.
The certified checks or money orders and the remittance form shall be sent to:
Will County Land Use Department
Waste Services Division
Attn: Juliann Zarecki, Environmental Enforcement Officer
313 North Chicago Street
Joliet, Illinois 60432
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.
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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 21st day of October 1999 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board