ILLINOIS POLLUTION CONTROL BOARD
    May 17, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
     
    Complainant,
     
     
    v.
     
    WILLIAM HARTMANN and BILLIE
    HARTMANN,
     
     
    Respondents.
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    AC 01-34
    (IEPA No. 112-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On March 22, 2001, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board against William Hartmann and Billie Hartmann, pursuant
    to Section 31.1 of the Environmental Protection Act (Act) (415 ILCS 5/31.1 (1998)). The
    administrative citation alleges that respondents caused or allowed the deposition of general
    construction, demolition, or clean construction debris and caused or allowed open dumping
    resulting in litter and open burning. These activities occurred at the facility located at the
    intersection of Shaw Road and Detour Road, northeast of Woodburn, Macoupin County,
    Illinois, in violation of Section 21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1),
    (p)(3), (p)(7) (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).
     
    The record indicates that Billie Hartmann was served with the administrative citation on
    March 21, 2001, and William Hartmann was served on March 22, 2001. Respondents have
    not filed a petition for review with the Clerk of the Board within 35 days of the date of service
    (
    i.e.,
    on or before April 25, 2001, and April 26, 2001, respectively) 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.
     
    It is hereby ordered that:
     
    1.
    Respondents must pay a civil penalty in the amount of $4,500 within 30 days of
    the date of this order, that is, on or before June 16, 2001.
     
    2.
    Payment must 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.
     
    2
     
    3.
    The check or money order and the remittance form must be sent to:
     
     
      
    Illinois Environmental Protection Agency
    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 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 101.520, 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 May 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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