ILLINOIS POIJLUTION CONTROL BOARD
    September
    1,
    1994
    COUNTY
    OF
    VERNILION,
    )
    Complainant,
    v.
    )
    AC
    94—46
    )
    (County
    No.
    94—01)
    )
    (Administrative
    Citation)
    ABUNDANT LIFE PENTECOSTAL
    )
    CHURCH,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a July 13,
    1994
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Vermilion
    County.
    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 Abundant
    Life Pentecostal Church on July 6,
    1994.
    Vermilion County
    alleges that on Nay 26,
    1994, Abundant Life Pentecostal Church,
    present owner and/or operator of a facility located in Vermilion
    County and commonly known to the County as 400 North Logan,
    Danville, Illinois 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.
    Abundant Life Pentecostal Church has 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
    Abundant Life Pentecostal Church,
    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
    $500.00.
    1.
    It is hereby ordered that,
    unless the penalty has already been
    paid, within 30 days of the date of this order Abundant Life
    Pentecostal Church shall,
    by certified check or money order
    payable to the County of Vermilion County, pay a penalty in
    the amount of $500.00, which is to be sent to:
    Vermilion County Health Board
    Rural Route
    1, Box l2B
    Danville, Illinois 61832
    2.
    Respondent shall include the remittance form and write the
    case name and number and its social security or federal
    Employer Identification Number on the certified check or money
    2
    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,
    Notions for Reconsideration.)
    I, Dorothy
    N. Gunn,
    Clerk of the Illinois Pollution Control
    Board~hereby certify that the above order was adopted on the
    /~-~--
    day of
    ~2~v2)7.~-22,
    ~-7~-_
    ,
    1994,
    by a vote of
    Dorothy
    M. Gu~n,Clerk
    Illinois Pollution Control Board
    RECEIVED
    JU!
    COUNTY
    OF
    VERMILION,
    ILLINOIS
    L.
    -
    ~
    0
    tLL’t”C~
    ADMINISTRATIVE
    CITATION
    poLwTtO~\
    CONT~Cç)
    IN THE MATTER OF:
    ABUNDANT
    LIFE
    PENTECOSTAL
    CHURCH,
    )
    ~
    L/~
    (./~
    County
    File
    No.
    ~4-0l
    Respondent.
    JURISDICTION
    This Administrative Citation is issued pursuant to the
    authority vested in the Illinois Environmental Protection
    Agency by section 4(e)
    of the Illinois Environmental
    Protection Act
    (“Act”),
    415 ILCS 5/4(e),
    and delegated to
    Vermilion County pursuant to section 4(r)
    of the Act, 415
    ILCS
    5/4
    (r)
    FACTS
    1.
    That Respondent, Abundant Life Pentecostal Church
    of God,
    is the present owner of a property located at 400 N.
    Logan,
    Danville,
    Illinois, within the County of Vermilion,
    State of Illinois, and has owned said property at all times
    pertinent hereto.
    2.
    That said property is not licensed as, nor does it
    fulfill the requirements of a sanitary landfill.
    3.
    That on May 26,
    1994, Douglas Toole of the
    Vermilion County Health Department inspected said property.
    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 the direct observation of Douglas
    Toole, the County of Vermilion has determined that
    Respondent has allowed open dumping on its property,
    in
    violation of section 21(a)
    of the Act, 415 ILCS 5/21(a),
    in
    a manner which resulted in litter at the site.
    CIVIL PENALTY
    Pursuant to section 42(b) (4)
    of the Act, 415 ILCS
    5/42(b) (4), Respondent herein is subject to a civil penalty
    of Five Hundred Dollars
    ($500.00)
    for the above-mentioned
    violation.
    Additionally,
    should you elect to petition the
    Illinois Pollution Control Board under the review process
    described hereinbelow,
    and if there is a finding of the
    violations alleged herein after an adjudicatory hearing, you
    shall be assessed the associated hearing costs incurred by
    the Illinois Pollution Control Board,
    in addition to the
    Five Hundred Dollar
    ($500.00) statutory penalty for the
    violation.
    If you acknowledge the violation cited hereinabove,
    the
    civil penalty specified above shall be due and payable no
    later than August
    10,
    1994.
    If you do not petition the
    Illinois Pollution Control Board for review of this
    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 County of Vermilion,
    Illinois, and mailed to the
    Vermilion County Health Department at Rural Route
    1,
    Box
    J.2B,
    Danville,
    Illinois 61832.
    If payment is not received when due,
    the Vermilion
    County State’s Attorney may initiate proceedings in the
    Circuit Court to collect said civil penalty.
    In addition to
    the previously assessed -civil penalty and any hearing costs
    of the Illinois Pollution Control Board,
    the State’s
    Attorney will seek to recover their costs of litigation.
    PROCEDURE FOR CONTESTING
    THIS ADMINISTRATIVE CITATION
    You have the right to contest this Administrative
    Citation under section 31.1(d)
    of the Act, 415 ILCS
    5/31.1(d).
    If you elect
    to contest this Administrative
    Citation, you must file a Petition for Review with the Clerk
    of the Illinois Pollution Control Board at the State of
    Illinois Center,
    100 West Randolph St., Suite 11-500,
    Chicago,
    Illinois 60601.
    A copy of the Petition for Review
    should be filed with the Vermilion County State’s Attorney’s
    Office, Attention: Norm Werth,
    7 N. Vermilion St., Danville,
    Illinois
    61832.
    Your Petition for Review MUST be filed within thirty-
    five
    (35) days of the date of service of this Administrative
    Citation,
    or a default judgment will be issued by the
    Illinois Pollution Control Board.
    DATED:
    TTJ
    /
    j~9?L/
    -
    State’s Attorney
    By: Norman
    R. Werth,
    Assistant.
    State’s Attorney
    REMITTANCE
    FORM
    COUNTY OF VERMILION,
    )
    Complainant,
    V.
    )
    AC
    94—46
    )
    (County No.
    94-01)
    )
    (Administrative Citation)
    ABUNDANT
    LIFE
    PENTECOSTAL
    )
    CHURCH,
    Respondent.
    FACILITY:
    400
    North
    Logan,
    Danville
    SITE
    CODE
    NO.:
    1830200065
    COUNTY: Vermilion
    CIVIL PENALTY: $500.00
    DATE OF INSPECTION: May 26,
    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 Indentification
    Number
    (Fein)if a corporation, and sign this Remittance Form.
    Be
    sure your check is enclosed and mail,
    along with Remittance Form,
    to Vermilion County Health Board, Rural Route
    1, Box 12B,
    Danville, Illinois 61832

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