ILLINOIS POLLUTION CONTROL BOARD
July 23, 1998
COUNTY OF JACKSON,
Complainant,
v.
MICHAEL NOSOVITSKY,
Respondent.
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AC 98-15
(Administrative Citation)
ORDER OF THE BOARD (by R.C. Flemal):
This matter is before the Board on complainant’s July 7, 1998, Motion for Order
Nunc Pro
Tunc
. The motion is treated as a motion to change the order of the Board. The motion is hereby
denied.
In the Board’s June 4, 1998 order, page 2, item 2, the Board ordered respondent to pay a
statutory civil penalty of $500 on or before July 6, 1998. The Board further ordered respondent to
make payment by certified check or money order payable to the Treasurer of the State of Illinois. In
complainant’s motion, complainant notes that the administrative citation stated that the fine was to
be paid to the County Treasurer, Jackson County, Illinois, and not the Treasurer of the State of
Illinois. Complainant asks the June 4, 1998 order be changed to reflect that payment be made to the
County Treasurer, Jackson County.
Complainant reports that respondent has already sent the $500 payment to the State
Treasurer, and not the County Treasurer. Because respondent has already complied with the Board
order, the Board will not correct its June 4, 1998 order. The Board is hopeful that complainant and
the Illinois Environmental Protection Agency can cooperate in this matter so that complainant may
receive the portion of the penalty to which it is entitled.
The motion is denied.
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 of Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
order was adopted on the 23rd day of July1998 by a vote of 6-0.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board