ILLINOIS POLLUTION CONTROL BOARD
    May 19,
    1994
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    AC 94—19
    )
    (IEPA No.
    94—94—AC)
    )
    (Administrative Citation)
    CARL
    J. LINGO
    )
    AND
    MARY
    LINGO,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a March 29,
    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 both Carl J. and Mary Lingo
    on March 25,
    1994.
    The Agency alleges that on January 25,
    1994,
    Carl J. and Nary Lingo, present owners and/or operators of a
    facility located in Logan County and commonly known to the Agency
    as Mt. Pulaski/Lingo, violated Sections 21(p) (1) and 21
    (p) (3)
    of
    the Act.
    The statutory penalty established for each of these
    violations is $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Carl J. and Mary Lingo 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 Carl J. and Mary
    Lingo, have violated the provisions alleged in the Administrative
    Citation.
    Since there were two
    (2)
    such violations, the total
    penalty to be imposed is set at $1000.00.
    1. It is hereby ordered that, unless the penalty has already been
    paid, within 30 days of the date of this order Carl J. and
    Mary Lingo shall, by certified check or money order payable to
    the Illinois Environmental Protection Trust Fund, pay a
    penalty in the amount of $1000.00, which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.
    0.
    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
    2
    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.
    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
    Boar~~erebycertify that the above order was adopted on the
    /‘7’~day of
    ,
    1994, by a vote of
    -
    ~
    .
    A.
    Dorothy N./~unn,Clerk
    Illinois ~illution Control Board
    RE::VED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MAR 291994
    ADMINISTRATIVE CITATION
    STATEC)~Jfl’O:S
    POLLUTC~’C.GNTRC~.
    EOAY?D
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    AC
    /~7~
    ‘
    7
    v.
    )
    (IEPA
    No.
    94—94—AC)
    )
    CARL
    3.
    LINGO AND MARY
    E.
    LINGO,
    )
    )
    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
    That Respondents are the present owners and/or operators of
    a
    facility
    located
    in the County of
    Logan, 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.
    1070400002.
    Said facility
    Is commonly known
    to the Agency
    as
    Mt. Pulaski/Lingo.
    3.
    That Respondents have owned and/or operated
    said facility
    at
    all
    times pertinent hereto.
    4.
    That on January 25,
    1994,
    Robert Mathis, 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.
    Page
    2
    VIOLATIONS
    On
    the basis of direct observation of Robert Mathis,
    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 January
    25,
    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.
    111
    1/2,
    para.
    l021(p)(1).
    (2)
    Causing or allowing open burning
    In violation of 415 ILCS
    5/21(p)(3),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    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), 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 One Thousand Dollars
    ($1,000.00).
    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 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.
    Page
    3
    If you acknowledge the violations cited hereinabove,
    the
    civil penalty
    specified above
    shall
    be due and payable no later than
    May
    5,
    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 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.
    Page 4
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    ~
    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
    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.
    74
    Mary ~
    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:
    March
    24,
    1994
    sad/0390w,67—7O
    I
    ‘IL-
    ~.J
    I.... I
    V
    L...I...~
    REMITTANCE FORM
    MAR 291994
    STATE OF
    ILLINOtS
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    POLLUTION CONTROL BOA1~D~
    Complainant,
    )
    ~7
    ‘~ç1’-/~
    v.
    )
    PA 94—94—AC
    CARL 3.
    LINGO AND MARY
    E.
    LINGO,
    )
    )
    Respondents.
    )
    FACILITY:
    Mt. Pulaski/Lingo
    SITE CODE NO.:
    1070400002
    COUNTY:
    Logan
    CIVIL PENALTY:
    $1,000.00
    DATE OF INSPECTION:
    January 25,
    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 mall,
    along with Remittance Form,
    to Illinois Environmental Protection
    Agency, Attn.:
    Fiscal Services, 2200 Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    IllInois 62794—9276.
    sad/0390w
    ,
    71

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