ILLINOIS POLLUTION CONTROL BOARD
November
21,
1991
ILLINOIS ENVIRONMENTAL,
PROTECTION AGENCY,
Complainant,
V.
)
AC 91-43
(IEPA No.
549-91—AC)
FRED MAS$AT,
)
(Administrative Citation)
Respondent.
ORDER OF
THE
BOARD:
This
matter comes before the Board upon
a September
25,
1991
filing of an Administrative Citation pursuant
to Section 31.1 of
the
Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency (Agency).
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 Fred Massat on September
26, 1991.
The Agency alleges that on July 30,
1991,
Fred Massat,
present owner and/or operator of a facility located in Cook
County,
and commonly known to the Agency as Calumet Park/Massat
Property, violated Section 21(q)(1) of the Act.
The statutory
penalty established for this violation
is $500.00 pursuantto
Section 42(b)(4) of the Act.
Fred Massat 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 3l.l(d)(l),
the Board finds that Fred Massat 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 Fred
Massat
shall,
by certified check
or money order payable to
the State of Illinois and designated for deposit into
the
Environmental Protection Trust Fund,
pay a penalty
in tne
amount of $500.00 which
is to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
127—265
—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 this violation continues.
Section 41 of the Environmental Protection Act,
Ill.
Rev.
Stat.
1989,
ch. lll~,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 -f the Illinois Pollution Control
Board,
hereby certif~that the above Order was adopted on t~ie
z~)~
day of______________________
,
1991, by a vote of ~
(
~
127.
Dorothy M. ~unn, Clerk
Illinois P~1utionControl Board
127—266