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