ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1994
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Complainant,
    v.
    )
    AC 94—3
    )
    (IEPA No. 869—93-AC)
    RANDALL
    G. ROWE, and
    )
    (Administrative Citation)
    CRAIG LINTON,
    )
    Respondents.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    This matter comes before the Board upon a January 18,
    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.
    On February 15,
    1994, the Agency moved to dismiss Craig
    Linton from this administrative citation.
    The Agency asserts
    that it was unable to complete service upon respondent Linton
    within 60 days of the date of the observed violation as required
    by Section 31.1(b).
    This motion is granted.
    Craig Linton is
    dismissed from this action.
    Service of the Administrative Citation was made upon Randall
    G. Rowe on January 10,
    1994.
    The Agency alleges that on November
    22,
    1993, Randall G. Rowe,
    present owner and/or operator of a
    facility located in LaSalle County, and commonly known to the
    Agency as Ottawa/Midwest Landscaping, 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.
    Randall
    G. Rowe 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 Randall G. Rowe 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 Daid, within 30 days of the date of this Order Randall
    G. Rowe shall,
    by certified check or money order payable to
    the State of Illinois and designated for deposit into the
    2
    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
    Springfield, IL
    62706
    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 Illinois Environmental
    Protection Act.
    4.
    Payment of this penalty does not prevent future prosecution
    if the violation continues.
    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.)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above order was adopted oz~the
    day of
    ,
    1993, by a vote of
    ~
    Dorothy M. ~nn,
    Clerk
    -•
    Illinois PcWtution Control Board
    RECEIVED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    J~N1 8 1994
    ADMINISTRATIVE CITATION
    STATE
    OHLLINOIS
    ~)WJTiOt’! CONTROL
    BOARD
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    AC________________
    v.
    )
    (IEPA
    No.
    869—93—AC)
    )
    RANDALL G.
    ROWE AND
    )
    CRAIG LINTON,
    )
    )
    Respondents.
    )
    JURISDICTION
    This Administrative Citation
    is
    issued pursuant to authority vested
    in the
    Illinois Environmental
    Protection Agency by
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1031.1
    (1991).
    FACTS
    1.
    That Respondents are
    the present owners and/or operators of a
    facility located In the County of LaSalle,
    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.
    0990800047.
    Said facility
    is commonly known to the Agency as
    Ottawa/Midwest Landscaping.
    3.
    That Respondents have owned and/or operated said facility at all
    times pertinent hereto.
    4.
    That on November 22,
    1993,
    Katherine Geyer, 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 Katherine Geyer,
    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 November 22,
    1993 an on—site inspection of said facility
    disclosed the following:
    (1)
    Causing or allowing litter (Ill.
    Rev.
    Stat.
    ch.
    111
    1/2, para.
    1021(p)(l)
    (1991) (formerly
    l021(q)(l)).
    CIVIL PENALTY
    Pursuant to Ill.
    Rev. Stat.
    ch.
    111
    1/2,
    para.
    1042(b)(4) (1991),
    Respondents herein are subject to a civil
    penalty of Five Hundred Dollars
    ($500.00)
    for each violation specified above
    in Paragraph
    A, for a total of
    Five Hundred Dollars ($500.00).
    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 hearI~ng‘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.
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty
    specified above shall
    be due and payable no later than
    February 26,
    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.
    —2—
    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
    wilt
    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.
    £e~
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1031.1 (1991).
    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 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
    —3—
    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.
    4.
    G~
    Mary A. 6&de, 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:
    January
    4,
    1994
    rlc/2412v,87—90
    -“4—
    REMILTAN,G,.,,,F,,QRM
    I
    I
    JAN18ig94
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    EPA 869—93—AC
    )
    RANDALL G. ROWE AND
    )
    CRAIG LINTON,
    )
    )
    Respondents.
    )
    FACILITY:
    Ottawa/Midwest Landscaping
    SITE CODE NO.:
    0990800047
    COUNTY:
    LaSalle
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    November 22, 1993
    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.
    rlc/24l2v,9l

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