ILLINOIS POLLUTION CONTROL BOARD
    December 17, 1998
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    LAWRENCE E. SMITH, JR., and
    MARILYN J. SMITH,
    Respondents.
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    AC 99-17
    (IEPA No. 662-98-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On October 26, 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 respondents 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, respondents have 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 respondents have 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.
    Respondents shall pay a 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 a certified check or money order, payable
    to the Illinois Environmental Protection Trust Fund. The case number, case
    name, and respondents’ social security number or federal employer
    identification number should also be included on the check (or money order).
    3.
    The check (or money order) and the remittance form shall be sent to:
    Illinois Environmental Protection Agency
    2
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    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 17th day of December 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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