ILLINOIS POLLUTION CONTROL BOARD
    October 27,
    1994
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    AC 94—56
    )
    (IEPA Docket No.
    374-94-AC)
    )
    (Administrative Citation)
    WALTER J. GRIMINGER,
    )
    d/b/a
    LAND
    OF LINCOLN MOTEL,
    )
    a division of Aaro
    )
    Management Inc.,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on its own motion.
    On
    October 6, 1994, the Board granted respondent Walter J.
    Griminger’s, d/b/a Land of Lincoln Motel, motion to withdraw its
    petition for review.
    We then entered a default order, finding
    respondent
    in violation of the provisions alleged in the
    administrative citation.
    However, due to a clerical error, the
    Board’s order referred to one violation of Section 21(0) (5) of
    the Environmental Protection Act (Act),
    instead of one violation
    of Section 21(p) (1) and one violation of Section 21(p) (3), as
    alleged in the administrative citation.
    Pursuant to Section
    101.301 of our procedural rules, which allows the Board to
    correct clerical mistakes on its
    own
    initiative,
    we today correct
    that
    error by issuing a corrected order.
    Respondent’s motion to
    withdraw its petition for review is hereby granted, and the order
    issued on October
    6,
    1994 is hereby vacated.
    This administrative citation was filed on July 18,
    1994 by
    the Illinois Environmental Protection Agency
    (Agency) pursuant to
    Section 31.1 of the Act.
    A copy of that administrative citation
    is attached hereto, but will not be printed in the Board’s
    opinion volumes.
    Service of the administrative citation was made
    upon Walter 3.
    Griminger, d/b/a Land of Lincoln Motel on July 14,
    1994.
    The Agency alleges that on May 17,
    1994 Walter J.
    Griminger, djb/a Land of Lincoln Motel, present owner and/or
    operator of a facility located in Brown County and commonly known
    to the County as Mt. Sterling/Land of Lincoln Motel (IEPA Site
    No. 0090100007), Brown County, Illinois violated Section 21(p)(1)
    and
    (p) (3)
    of the Act.
    The statutory penalty established for
    these violations is $1000 pursuant to Section 42(b)(4) of the
    Act.
    Pursuant to Section 31.1(d) (1), the Board finds that Walter

    2
    3. Griminger, d/b/a Land of Lincoln Motel,
    has violated the
    provisions alleged in the administrative citation.
    Since there
    are two violations, the total penalty to be imposed is set at
    $1000.
    1.
    It is hereby ordered that, unless the Denalty has already been
    paid, within 30 days of the date of this order Walter 3.
    Griminger, d/b/a Land of Lincoln Motel,
    shall,
    by certified
    check or money order payable to the Illinois Environmental
    Protection Trust Fund, pay a penalty in the amount of $1000,
    which is to be sent to:
    Illinois Environmental Protection Agency
    2200 Churchill Road, P.O. Box 19276
    Springfield, Illinois
    62794—9276
    2. Respondent shall include the remittance form and write the
    case name and number and their social security, or federal
    Employer Identification Number on the certified check or money
    order.
    3. Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g)
    of the Environmental Protection Act.
    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
    (1992)) provides for appeal of final orders of the Board within
    35 days.
    The Rules of the Supreme Court of Illinois establish
    filing requirements.
    (See also 35 Ill.
    Adin. Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~2’~’-
    day of
    _________________,
    1994, by a vote of
    ~-~)
    2~.
    ~
    Dorothy N. dunn, Clerk
    Illinois Pollution Control Board

    RECEIVED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    JIJL
    1
    L~1994
    STATE
    OF
    (LI
    ~\(~
    ADMINISTRATIVE
    CITATION
    ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    AC________________
    v.
    )
    (IEPA
    No.
    374—94—AC)
    )
    WALTER GRIMINGER,
    )
    d/b/a LAND OF LINCOLN MOTEL,
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation is Issued pursuant to authority vested
    in the
    Illinois Environmental
    Protection Agency by 415 ILCS 5/31.1,
    1992;
    Iii.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1031.1.
    FACTS
    1.
    That Respondent
    Is the present owner and/or operator of a facility
    located
    In the County of Brown,
    State of Illinois.
    2.
    That
    said facility
    Is
    an open dump, operating without an Illinois
    Environmental Protection Agency Operating Permit, and designated with Site
    Code
    No. 0090100007.
    Said facility
    Is commonly known to the Agency as Mt.
    Sterling/Land of Lincoln Motel.
    3.
    That Respondent has owned and/or operated said facility at all
    times
    pertinent hereto.
    4.
    That on May
    17,
    1994,
    Robert Mathis,
    Jr., of the Illinois
    Environmental
    Protection Agency,
    inspected
    the above described facility.
    A
    copy of the inspection
    report setting forth
    the results of such Inspection
    Is
    attached hereto and made a part hereof.

    VIOLATIONS
    On
    the basis of direct observation of Robert Mathis,
    Jr.,
    the Illinois
    Environmental
    Protection Agency
    has
    determined that Respondent has caused or
    allowed open dumping at
    the above
    described facility
    in
    a manner which
    resulted
    in the following occurrences:
    A.
    That on May
    17,
    1994 an on—site inspection of
    said facility disclosed
    the following:
    (1)
    Causing or allowing
    litter
    in violation of
    415
    1LCS 5/21(p)(1),
    1992;
    111.
    Rev.
    Stat.
    ch.
    lii
    1/2,
    para.
    1021(p)(l).
    (2)
    Causing or allowing open burning in violation of 415 ILCS
    5/21(p)(3),
    1992;
    111.
    Rev.
    Stat.
    ch.
    Ill
    1/2,
    para.
    1021(p)(3).
    CIVIL PENALTY
    Pursuant to 415 ILCS
    5/42(b),
    1992;
    Iii.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1042(b(4),
    Respondent herein
    is subject to a civil
    penalty of Five Hundred
    Dollars ($500.00)
    for each violation specified above
    in Paragraph A,
    for
    a
    total
    of One Thousand Dollars
    ($1,000.00).
    Additionally,
    should Respondent
    elect to petition
    the Illinois Pollution Control
    Board under the review
    process described herein below, and
    If there
    is
    a finding of the violations
    alleged herein, after an adjudicatory hearing, Respondent shall
    be assessed
    the associated hearing costs
    incurred by the Illinois Environmental Protection
    Agency and the Illinois Pollution Control Board,
    in addition to the Five
    Hundred Dollar ($500.00) statutory penalty for each finding of violation.
    If you acknowledge the violations cited hereinabove,
    the civil penalty
    specified above
    shall
    be due and payable no
    later
    than
    August 22, 1994
    If you do not petition
    the Illinois Pollution Control Board for review of this
    —2—

    Administrative Citation within thirty—five
    (35) days of service hereof or if
    you elect
    to contest this Administrative Citation,
    any judgment rendered
    against you
    shall
    specify the due date of
    the statutory
    civil penalty
    and any
    costs assessed against you.
    When payment
    is made, your check should
    be made payable
    to the Illinois
    Environmental
    Protection
    Trust Fund and mailed
    to
    the attention Of Fiscal
    Services,
    Illinois Environmental Protection Agency, 2200 Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois 62794—9276.
    Also, please complete and return
    the enclosed Remittance
    Form,
    along with your payment,
    to assure proper
    documentation of payment.
    If any civil
    penalty imposed by the Illinois Pollution Control Board
    is
    not paid within
    the time prescribed
    In
    the order,
    interest on such penalty
    will
    be assessed
    for the period from the date payment Is due
    until
    the
    date
    payment
    is
    received.
    If any civil
    penalty,
    by reason of acknowledgment,
    default or finding after adjudicatory hearing
    Is
    not paid when due,
    the Office
    of
    the Illinois Attorney General
    shall
    be requested to Initiate proceedings in
    Circuit Court to collect said civil
    penalty.
    In addition to the previously
    assessed
    civil
    penalty,
    interest, and hearing costs of the Illinois
    Environmental
    Protection Agency and the Illinois Pollution Control Board,
    if
    any,
    the Attorney General’s Office
    will
    seek to recover their costs of
    litigation.
    PROCEDURE FOR CONTE5JIING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    .5g~415 ILCS
    5/31.1,
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1031.1.
    If you elect
    to
    contest this Administrative Citation, you must file a Petition for Review with
    the Clerk of the Illinois Pollution Control
    Board.
    A copy of
    the Petition for
    —3—

    Review should
    be
    filed with
    the Illinois Environmental
    Protection Agency.
    Such Petition for Review must be
    filed within thirty—five
    (35) days of
    the
    date of service
    of this Administrative Citation, or a default judgment shall
    be entered by
    the Pollution Control
    Board.
    The Petition for Review may be
    filed with
    the Clerk of the Illinois Pollution Control Board at
    the State of
    Illinois Center,
    100 West Randolph, Suite
    11—500, ChIcago,
    Illinois 60601;
    and,
    a copy of
    said Petition for Review filed with the Illinois Environmental
    Protection Agency
    at 2200 Churchill Road,
    P.O. Box 19276, Springfield,
    Illinois 62794—9276,
    Attention:
    Division of Legal Counsel.
    7Y2a~
    ,4.
    ~
    Mary A. G~e,Director
    illinois Environmental
    Protection Agency
    Prepared by:
    Todd Rettig
    Illinois Environmental
    Protection Agency
    2200 Churchill
    Road
    P.O.
    Box 19276
    Springfield,
    IL
    62794—9276
    217/782—5544
    Date:__________________
    jk/984w, 2—5
    —4—

    RECEIVED
    JUL
    1 8
    ‘1994
    REMITTANCE
    FORM
    STATE OF
    ILL(NOIS
    POLLUTION
    CONT1~OLBOARD
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    )
    Complainant,
    )
    )
    PA 374—94—At
    )
    WALTER GRIMINGER,
    )
    d/b/a LAND OF LINCOLN MOTEL,
    )
    )
    Respondent.
    )
    FACILITY:
    Mt.
    Sterling/Land of
    SITE CODE NO.:
    0090100007
    Lincoln Motel
    COUNTY:
    Brown
    CIVIL PENALTY:
    $1,000.00
    DATE OF INSPECTION:
    May 17,
    1994
    DATE REMITTED:
    __________________________
    SS/FEIN NUMBER:
    _________________________
    SIGNATURE:
    _____________________________
    NOTE
    Please enter the date of your remittance, your Social
    Security number
    (SS)
    if
    an Individual
    or Federal
    Employer Identification Number (FEIN)
    If a
    corporation, and sign this Remittance
    Form.
    Be sure your check
    Is enclosed
    and mail,
    along with Remittance Forms
    to Illinois Environmental Protection
    Agency, Attn.,:
    Fiscal Services,
    2200 Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois 62794—9276.
    jk/984w,1

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