ILLINOIS POLLUTION CONTROL BOARD
    December 4, 1997
    COUNTY OF WILL,
    Complainant,
    v.
    ALBERT BARNES and MARY BARNES,
    Respondents.
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    AC 98-12
    (WC 97 AC 20)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the October 21, 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 Albert Barnes and Mary Barnes (respondents) on
    October 18, 1997. The county alleges that on September 3, 1997, respondents, present
    owners and/or operators of a facility located in Will County and commonly known to the
    county as the Barnes property, 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)).
    Respondents have 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 respondents have 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, respondents shall, by certified check or money
    order payable to the County of Will, pay a penalty in the amount of $500,
    which is to be sent to:
    Will County Land Use Department
    Solid Waste Division
    Attention: Julie Juntunen
    Environmental Enforcement Officer
    501 Ella Avenue
    Joliet, Illinois 60433
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    2. Respondents shall include the remittance form and write the case name and
    number and their social security or federal employer identification numbers 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 4th day of December 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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