ILLINOIS POLLUTION CONTROL BOARD
January 23, 1997
COUNTY OF JACKSON,
Complainant,
v.
JAMES QUALLS,
Respondent.
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AC 97-43
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon the November 21, 1996 filing of an
administrative citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by
the County of Jackson (County). A copy of that administrative citation is attached hereto.
Service of the administrative citation was made upon James Qualls on November 27, 1996.
The County alleges that on October 22, 1996 James Qualls, present owner and/or operator of a
facility located in Jackson County and commonly known to the County as the Campbell
Hill/James Qualls tire site, violated Sections 21(p)(1), 21(p)(2) and 21(p)(5)of the Act. The
statutory penalty established for each violation is $500 pursuant to Section 42(b)(4) of the Act.
James Qualls 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 31.1(d)(1) of the Act. Therefore, the Board
finds James Qualls has violated the provisions alleged in the administrative citation. Since
there are three (3) such violations, the total penalty to be imposed is set at $1,500.
1.
It is hereby ordered that, unless the penalty has already been paid, within 30
days of the date of this order, James Qualls shall, by certified check or money
order payable to the Jackson County Treasurer, pay a penalty in the amount of
$1,500, which is to be sent to:
Shirley Dillinger Booker
Jackson County Treasurer
Murphysboro, Illinois 62966
2.
Respondent shall include the remittance form and write the case name and
number and its social security or federal employer identification number on the
certified check or money order.
3.
Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
of the Act.
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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