ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1994
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 94—56
    )
    (IEPA Docket No. 374-94-AC)
    )
    (Administrative Citation)
    WALTER 3.
    GRININGER,
    )
    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 a motion to withdraw,
    filed by respondent Walter
    3.
    Griminger,
    d/b/a Land of Lincoln
    Motel,
    on September 26,
    1994.
    Respondent seeks to withdraw its
    petition for review.
    The motion to withdraw is granted.
    This administrative citation was filed on July 18,
    1994 by
    the Illinois Environmental Protection Agency
    (Agency) pursuant to
    Section 31.1 of the Environmental Protection Act (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
    3. Griminger, d/b/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(o) (5)
    of the Act.
    The statutory penalty
    established for this violation is $500 pursuant to Section
    42(b) (4)
    of the Act.
    Pursuant to Section 31.1(d) (1), the Board finds that Walter
    3. Griminger,
    d/b/a Land of Lincoln Motel, has 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.
    1.
    It is hereby ordered that, unless the penalty has already been
    paid, within 30 days of the date of this order Walter J.
    Griminger, d/b/a Land of Lincoln Motel,
    shall, by certified
    check or~moneyorder payable to the Illinois Environmental
    Protection Trust Fund,
    pay a penalty in the amount of $500,
    which is to be sent to:
    2
    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. Adm. Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    B9arj~,hereby certify7~th~the above order was adopted on the
    ~
    day of
    _____________________,
    1994, by a vote of
    ~‘
    Dorothy M. G~n, Clerk
    Illinois po~XutionControl Board
    RECEIVEDI
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    JUL
    1 ~ ~994
    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 ILCS 5/21(p)(l),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    ill
    1/2,
    para.
    lO2l(p)(1).
    (2)
    Causing or allowing open burning in violation of 415 ILCS
    5/2l(p)(3),
    1992;
    Ill. Rev.
    Stat.
    ch.
    ill
    1/2,
    para.
    1021(p)(3).
    CIVIL PENALTY
    Pursuant to 415 ILCS 5/42(b),
    1992;
    Ill.
    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 CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have
    the right to contest this Administrative Citation.
    ~g
    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.
    Mary A. G~Je,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 S 1994
    REMITTANCE
    FORM
    STATE CE
    LUNOIS
    POLLUTION
    CONTROL
    BOARD
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    )
    v.
    )
    PA 374—94—AC
    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
    Form,
    to Illinois Environmental
    Protection
    Agency, Attn.:
    Fiscal Services, 2200 Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield, ‘Illinois
    62794—9276.
    jk1984w,
    1

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