ILLINOIS POLLUTION CONTROL BOARD
November 7, 1996
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ALICE M. HOFFER AND MARGARET A.
GUNTHER,
Respondents.
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AC 97-18
(IEPA No. 359-96-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon the September 9, 1996 filing of an
administrative citation pursuant to Section 31.1 of the Environmental Protection Act (Act) by
the Illinois Environmental Protection Agency (Agency). A copy of that administrative citation
is attached hereto. Service of the administrative citation was made upon Alice M. Hoffer and
Margaret A. Gunther (respondents) on September 5, 1996. The Agency alleges that on July
24, 1996, respondents, present owners and/or operators of a facility located in Tazewell
County and commonly known to the Agency as Groveland Twp./Hoffer-Gunther Property,
violated Section 21(p)(1) of the Act. The statutory penalty established for this violation is
$500.00 pursuant to Section 42(b)(4) of the Act.
Respondents have not filed a petition for review with the Clerk of the Board within 35
days of the date of service as allowed by Section 31.1(d)(1) of the Act. Therefore, the Board
finds respondents have violated the provision alleged in the administrative citation. Since there
is one (1) such violation, the total penalty to be imposed is set at $500.00.
1.
It is hereby ordered that, unless the penalty has already been paid, within 30
days of the date of this order, respondents shall, by certified check or money
order payable to the Illinois Environmental Protection Trust Fund, pay a penalty
in the amount of $500.00, which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794-9276
2.
Respondents shall include the remittance form and write the case name and
number and their social security or federal employer identification numbers on
the certified check or money order.
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3.
Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
of the 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 (1994)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
(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 _____ day of ___________, 1996, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board