ILLINOIS POLLUTION CONTROL BOARD
    July 8, 1998
    COUNTY OF MONTGOMERY,
    Complainant,
    v.
    ROBERT M. FLEMING,
    Respondent.
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    AC 98-31
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon the May 18, 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 Montgomery (County). A copy of that administrative citation is
    attached hereto. Service of the administrative citation was made upon Robert M. Fleming
    (respondent) on May 13, 1998. The County alleges that on March 13, 1998, respondent,
    present owner and/or operator of a facility located in Montgomery County and commonly
    known to the County as Hillsboro/ Fleming open dump site, Lots #20, 21, 36 and 37 of Park
    Subdivision on the south side of School Street, in the City of Hillsboro, violated Section
    21(p)(1) of the Act. The statutory penalty established for this violation is $500 pursuant to
    Section 42(b)(4) of the Act.
    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 that respondent has violated the provision alleged in the administrative citation. Since
    there is one 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, respondent shall, by certified check or money
    order payable to the Montgomery County Treasurer, pay a penalty in the
    amount of $500, which is to be sent to:
    Montgomery County Health Department
    Attn: Amy Stewart, Director
    South Route 185
    Hillsboro, Illinois 62049
    2. Respondent shall include the remittance form and write the case name and
    number and its social security or federal employer identification number on the
    certified check or money order.
    2
    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 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 8th day of July 1998 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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