ILLINOIS POLLUTION CONTROL BOARD
December 16, 1999
COUNTY OF SANGAMON,
Complainant,
v.
THROOP AND SON TREE SERVICE
and EARL THROOP,
Respondents.
)
)
)
)
)
)
)
)
)
)
AC 00-35
SCDPH 99 AC-20
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On October 27, 1999, the County of Sangamon 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 respondents violated Section 21(p)(3) of the Act (415 ILCS 5/21(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, respondents have 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 respondents have violated the provisions 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.
Respondents shall pay a total 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
Sangamon County Department of Health. 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:
James Stone
Director of the Sangamon County Department of Health
2501 North Dirksen Parkway
2
Springfield, Illinois 62702
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.
Board Member E.Z. Kezelis abstained.
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 16th day of December 1999 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board