ILLINOIS POLLUTION CONTROL BOARD
    April 16, 1998
    COUNTY OF JACKSON,
    Complainant,
    v.
    JAMES QUALLS,
    Respondent.
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    AC 98-16
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the February 26, 1998, filing of an
    administrative citation pursuant to Section 31.1 of the Environmental Protection Act (Act) (415
    ILCS 5/31.1 (1996)) by the County of Jackson (County). A copy of that administrative
    citation is attached hereto. Service of the administrative citation was made upon James Qualls
    (respondent) on March 2, 1998. The County alleges that on January 28, 1998, respondent,
    present owner and/or operator of a facility located in Jackson County and commonly known to
    the County as Campbell Hill/ James Qualls Tire site, violated Sections 21(p)(1), (p)(2), and
    (p)(5) of the Act (415 ILCS 5/21(p)(1), (p)(2), (p)(5) (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 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 County of Jackson Treasurer, pay a penalty in the amount
    of $1,500, which is to be sent to:
    Jackson County Treasurer
    Attn: Shirley Dillinger Booker
    Murphysboro, Illinois 62966
    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).
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    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 172 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 16th day of April 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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