ILLINOIS POLLUTION CONTROL BOARD
    October 19, 2000
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    CARLOS COILEY and GEORGE DUGUAY,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 01-8
    (IEPA No. 388-00-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 28, 2000, the Illinois Environmental Protection Agency filed an administrative citation with the
    Board against Carlos Coiley and George Duguay (Respondents), pursuant to Section 31.1 of the Environmental
    Protection Act (Act) (415 ILCS 5/31.1 (1998)). The administrative citation alleges that the respondents caused or
    allowed open dumping resulting in litter and open burning at their facility located at 16641 E 2500S Road, Momence,
    Kankakee County, Illinois in violation of Sections 21(p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (1998)).
    The statutory penalty established for each violation is $1,500 pursuant to Section 42(b)(4-5) of the Act (415 ILCS
    5/42(b)(4-5) (1998)).
    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 5/31.1(d)(1) (1998)). Accordingly, the Board finds that
    respondents have violated the provisions of the Act alleged in the administrative citation, which is attached hereto.
    Since there are two such violations, the total penalty imposed is $3,000.
    It is hereby ordered that:
    1.
    Respondents shall pay a civil penalty in the amount of $3,000 within 30 days of the date of this
    order, that is, on or before November 19, 2000.
    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’ 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:
    2
    Illinois Environmental Protection Agency
    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) (1998).
    5.
    Payment of this penalty does not prevent future prosecution if the violations continue.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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 19th day of October 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top