ILLINOIS POLLUTION CONTROL BOARD
    August 21, 1997
    COUNTY OF WILL,
    Complainant,
    v.
    EDWARD FOGARTY,
    Respondent.
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    AC 98-1
    (WC 97 AC 14)
    (Administrative Citation)
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board upon the July 7, 1997 filing of an administrative
    citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by the County of
    Will (County). A copy of that administrative citation is attached hereto. Service of the
    administrative citation was made upon Edward Fogarty (respondent) on July 7, 1997. The
    County alleges that on June 13, 1997, respondent, present owner and/or operator of a facility
    located in Will County and commonly known to the County as the Fogarty property, violated
    Sections 21(p)(1) and (p)(4) of the Act (415 ILCS 5/21(p)(1), (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. Therefore, the Board
    finds respondent 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, respondent shall, by certified check or money
    order payable to the County of Will, pay a penalty in the amount of $1,000,
    which is to be sent to:
    Will County Land Use Department
    Solid Waste Division
    Attn: Julie Juntunen
    Environmental Enforcement Officer
    501 Ella Avenue
    Joliet, Illinois 60433
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    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.
    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 21st day of August 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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