ILLINOIS POLLUTION CONTROL BOARD
    January 9, 1997
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    GALE E. WILHELMS and LINDA L.
    WILHELMS,
    Respondents.
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    AC 97-39
    (IEPA No. 511-96-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board upon the November 13, 1996 filing of an
    administrative citation pursuant to Section 31.1 of the 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 Gale E. Wilhelms and
    Linda L. Wilhelms (respondents) on November 16, 1996. The Agency alleges that on August
    28, 1996, respondents present owners and/or operators of a facility located in Stephenson
    County and commonly known to the Agency as Ridott Twp./Wilhelms, violated Sections
    21(p)(1) and 21(p)(4) of the Act. The statutory penalty established for each violation is
    $500.00 pursuant to Section 42(b)(4) of the Act.
    Respondents have not filed a petition for review with the Clerk of the Board within 35
    days of the date of service as allowed by Section 31.1(d)(1) of the Act. Therefore, the Board
    finds respondents have violated the provisions alleged in the administrative citation. Since
    there are two (2) such violations, the total penalty to be imposed is set at $1,000.00.
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, respondents shall, by certified check or money
    order payable to the Illinois Environmental Protection Trust Fund, pay a penalty
    in the amount of $1,000.00, which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    2.
    Respondent shall include the remittance form and write the case name and
    number and his social security or federal employer identification number on the
    certified check or money order.
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    3.
    Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
    of the Act.
    4.
    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 (1994)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
    (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 _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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