ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 94—43
(IEPA No.
357—94—AC)
)
(Administrative Citation)
RAYMOND E. BENNINGTON
)
and JANE BENNINGTON,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the July
1,
1994
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency
(Agency).
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 Raymond
E. Bennington and
Jane Bennington on June 30,
1994.
The Agency alleges that on May
6,
1994,
Raymond E. Bennington and Jane Bennington,
present
owners and/or operators of a facility
located in Livingston
County and commonly known to the Agency as Cornell/Bennington,
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.
Raymond E. Bennington and Jane Bennington 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) (2)
of the Act.
Therefore,
pursuant to Section 31.1(d) (1), the Board finds that
Raymond
E. Bennington and Jane Bennington 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 Raymond
E.
Bennington and Jane Bennington 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 Division
2200 Churchill Road,
P.
0.
Box 19276
Springfield, Illinois 62794—9276
2
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.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois 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
Board~hereby certi~ythat the above order was adopted on the
_______
day of
~
,
1994,
by a vote of
Dorothy
M. Gq~n,Clerk
Illinois Pollution Control Board
REMITTANCE FORM
JUL
-
11994
J
STATE OF IWNOIS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
~
Complainant,
)
v.
)
EPA 357—94—AC
RAYMOND E. BENNINGTON
)
and JANE BENNINGTON,
)
)
Respondents.
)
FACILITY:
Cornell/Bennington
SITE CODE NO.:
1058000001
COUNTY:
Livingston
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
May 6, 1994
DATE REMITTED:
__________________________
SSIFEIN
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.
psi,0868w 102
RECEiVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ju~
—
11994
ADMINISTRATIVE CITATION
STATE OF
ILLINOIS
POLLL’I’ON
CONTROL
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
AC_______________
v.
(IEPA No. ~57—94-AC)
RAYMOND E. BEt~NINGTON
and JANE BENNINGTON,
Respondents.
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the
Illinois Environmental Protection Agency by 415 ILCS 5/31.1, 1992;
Ill. Rev.
Stat. ch.
111
1/2,
para. 1031.1.
FACTS
1.
That Respondents are
the
present owner and/or operator of a facility
located in the County of Livingston, 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. 1058000001.
Said facility
is commonly known to
the
Agency as
Cornel 1/Bennington.
3.
That Respondents have owned and/or operated said facility at
all
times pertinent hereto.
4.
That on May 6, 1994, Kent Johnson and Deborah Paxton, 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 Kent Johnson and Deborah Paxton,
the
Illinois Environmental Protection Agency has determined that Respondents have
caused or allowed open dumping at the above described facility
in a manner
which resulted in the following occurrences:
A.
That on May 6, 1994
an on—site inspection of said facility disclosed
the following:
(1)
Causing or allowing litter in violation
of 415
ILCS 5/2l(p)(l),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2, para.
lO2l(p)(l).
CIVIL PENALTY
Pursuant to 415 ILCS 5/42(b),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2, para.
1042(b)(4),
Respondents herein are
subject to
a civil penalty of
Five Hundred
Dollars
($500.00)
for the violation specified above
in Paragraph
A.
Additionally, should Respondents 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,
Respondents
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 9,
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.
See 415 ILCS
5/31.1, 1992;
Iii.
Rev. Stat.
ch.
ill
1/2, para.
1031.1.
If you elect
to
-3-
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
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.
7~L~
A
C~
Mary
A.
Ga~,Director
..I~
~
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:
June 29,
1994
psi,0868w,98-lOl
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