ILLINOIS POLLUTION CONTROL BOARD
August 7, 1997
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
SHARON TONDINA,
Respondent.
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AC 97-70
(IEPA No. 234-97-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon the June 18, 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 Illinois Environmental Protection Agency (Agency). A copy of that
administrative citation is attached hereto. Service of the administrative citation was made upon
Sharon Tondina (respondent) on June 21, 1997. The Agency alleges that on May 8, 1997,
respondent, present owner and/or operator of a facility located in Iroquois County and
commonly known to the Agency as Milford/Jerry’s Auto Wreckers, violated Sections 21(p)(1),
(p)(3), and (p)(4) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4) (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 that respondent 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, respondent shall, by certified check or money
order payable to the Illinois Environmental Protection Trust Fund, pay a penalty
in the amount of $1,500, which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 N. Grand Avenue East
Springfield, IL 62702
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2. Respondent shall include the remittance form and write the case name and
number and respondent’s 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 (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 7th day August of 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board