ILLINOIS POLLUTION CONTROL BOARD
    July 10, 1997
    WAYNE COUNTY HEALTH
    DEPARTMENT,
    Complainant,
    v.
    JOHN BARNES,
    Respondent.
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    AC 97-64
    (County File No. 02-97)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the May 7, 1997, filing of an administrative
    citation pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS 5/31.1
    (1996)) by the Wayne County Health Department (County). A copy of that administrative
    citation is attached hereto. Service of the administrative citation was made upon John Barnes
    (respondent) on June 2, 1997. The County alleges that on April 10, 1997, respondent, present
    owner and/or operator of a facility located in Wayne County and commonly known to the
    County as Barnes Dumpsite, violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1)
    (1996)). The statutory penalty established for each violation is $500 pursuant to Section
    42(b)(4) of the Act (415 ILCS 5/42(b)(4) (1996)).
    Respondent 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 (415 ILCS 5/31.1(d)(1)
    (1996)). Therefore, the Board finds respondent has violated the provision alleged in the
    administrative citation. Since there is one (1) such violation, the total penalty to be imposed is
    set at $500.
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30
    days of the date of this order, respondent shall, by certified check or money
    order payable to the Wayne County Treasurer, pay a penalty in the amount of
    $500 which is to be sent to:
    Gayla Vaughn
    Wayne County Treasurer
    Wayne County Courthouse
    Fairfield, Illinois 62837
    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 (415 ILCS 5/42(g) (1996)).
    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 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 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 10th day of July 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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