ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    COUNTY OF VERMILION,
    Complainant,
    v.
    ELVIS FORD,
    Respondent.
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    AC 97-45
    (County No. 96-05)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the December 20, 1996 filing of an
    administrative citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by
    the County of Vermilion (County). A copy of that administrative citation is attached hereto.
    Service of the administrative citation was made upon Elvis Ford.
    1
    The County alleges that on
    November 18, 1996 Emery Johnson, present owner and/or operator of a facility located in
    Vermilion County and commonly known to the County as tract number DOR 864D, violated
    Sections 21(p)(1) and 21(p)(3) of the Act. The statutory penalty established for each violation
    is $500 pursuant to Section 42(b)(4) of the Act.
    Elvis Ford 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 Elvis Ford has 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.
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, Elvis Ford shall, by certified check or money
    order payable to the County of Vermilion, pay a penalty in the amount of
    $1,000, which is to be sent to:
    County of Vermilion
    Department of Health
    200 South College Street
    Danville, Illinois 61832
    1
    Complainant’s letter of March 7, 1997 states that the exact date of service cannot be verified
    because the “post office failed to notice (sic) the date of service on the ‘green’ card. However
    the citation was mailed on December 18, 1996. We forwarded the card to you on February
    18, 1997. More than 30 days have passed since the transmittal of the signed return receipt
    card.”
    2
    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.
    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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