ILLINOIS POLLUTION CONTROL
BOARD
July 30, 1992
COUNTY OF JACKSON,
)
)
Complainant,
)
v.
)
AC 92—40
)
(County No. None)
DAVID FUTRELL,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a May 21,
1992
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the County of
Jackson.
A copy of that Administrative Citation is attached
hereto, but will not be printed in the Board’s Opinion Volumes.
Service of the Administrative Citation was made upon David
Futrell on June
8,
1992.
Jackson County alleges that on May
1,
1992,
David Futrell, present owner and/or operator of a facility
located in Jackson County, and conunonly known to the Agency as
Carbondale/David Futrell, violated Section 21(p) (1)
of the Act.
The statutory penalty established for this violation is $500.00
pursuant to Section 42(b)(4)
of the Act.
David Futrell 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) (2)
of the Act.
Therefore, pursuant to
Section 31.1(d) (1), the Board finds that David Futrell 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 $500.00.
1.
It is hereby ordered that, unless the penalty has already been
paid,
within 30 days of the date of this order David Futrell
shall, by certified check or money order payable to the
Jackson County Treasurer, pay a penalty in the amount of
$500.00 which is to be sent to:
Shirley Booker
Jackson County Treasurer Office
Jackson County Courthouse
Murphysboro, Illinois
62966
0135-0213
2
2. Respondent shall include the remittance form and write the
case name and number and their 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 Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
the violation continues.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1989,
ch.
111½, par.
1041, provides for appeal of final
Orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution
Control ~oard,
hereby
certi.-fv that the above order was adopted on
the
~
day
o:
0135-O2Ii~
1992, by a vote of
Dorothy
Illinois
Control Board