ILLINOIS POLLUTION CONTROL BOARD
December 3, 1998
COUNTY OF WILL,
Complainant,
v.
J. D. ROBERTS,
Respondent.
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AC 99-10
(County Docket No. WC 987 AC-02)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On September 3, 1998, complainant properly and timely filed an administrative citation
with the Board pursuant to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS
5/31.1 (1996)), alleging that respondent 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).
In this matter, respondent has not filed a petition for review with the Clerk of the
Board within 35 days of the date of service as required by Section 31.1(d)(1) of the Act. 415
ILCS 31.1(d)(1) (1996). Accordingly, the Board finds that respondent has violated the
provision alleged in the administrative citation which is attached hereto. Since there is one
such violation, the total penalty to be imposed is $500.
It is hereby ordered that:
1.
Respondent shall pay a total civil penalty in the amount of $500, within 30 days
of the date of this order.
2.
Payment shall be made in the form of two separate certified checks or money
orders. The first check shall be made payable to the County of Will in the
amount of $250. The second check shall be made payable to the Illinois
Environmental Protection Trust Fund in the amount of $250. The case number,
case name, and respondent’s social security number or federal employer
identification number should also be included on the checks (or money orders).
3.
Both checks (or money orders) and the remittance form shall be sent to:
Dean Olson
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Waste Service Director
Will County Land Use Department
Solid Waste Division
501 Ella Avenue
Joliet, Illinois 60433
4.
Penalties unpaid after 30 days of the date of this order shall accrue interest
pursuant to Section 42(g) of the Act. 415 ILCS 5/42(g) (1996).
5.
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 the date 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 3rd day of December 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board