ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1993
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Complainant,
    )
    V.
    )
    AC 93—52
    )
    (IEPA No.
    636—93—AC)
    CRAIG LINTON,
    )
    (Administrative Citation)
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon an October
    8,
    1993
    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 Craig Linton on October
    9,
    1993.
    The Agency alleges that on August 17,
    1993,
    Craig Linton,
    present owner and/or operator of a facility located in LaSalle
    County, and commonly known to the Agency as 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.
    Craig Linton 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 Craig Linton 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 Craig
    Linton shall, by certified check or money order payable to
    the State of Illinois and designated for deposit into the
    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
    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 on the
    /t~?~day of
    ~
    ,
    1993, by a vote of
    7~~)
    (7
    Dorothy N. ç4in,
    Clerk
    Illinois PoUution Control Board
    I
    RECEIVEEY1
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD!
    OCT
    —
    8 1993
    ADMINISTRATIVE CITATION
    I
    STATEOFQLINOIS
    J~Q~LUTJON
    CONTROL
    BOARD
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    AC______________
    v.
    )
    (IEPA
    No.
    636—93—AC)
    )
    PANflA!
    I
    (
    ~nwr
    ~nrf
    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
    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 Midwest
    Landscaping.
    3.
    That Respondents
    have owned and/or operated said facility
    at
    all
    times
    pertinent hereto.
    4.
    That on August
    17,
    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.
    Page
    2
    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 August
    17,
    1993 an on—site inspection of said facility
    disclosed the following:
    (1)
    Causing or allowing litter
    (Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    lO2l(p)(l)
    (1991)
    formerly
    l021(q)(l))).
    CIVIL PENALTY
    Pursuant
    to Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    l042(b)(4)
    (1991),
    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, Respondent
    shall
    be assessed the associated hearing costs
    Incurred
    by the Illinois
    Environmental
    Rrotection 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
    cknowledge the violations
    cited hereinabove,
    the civil
    penalty
    specified above shall
    be due and payable no
    later than
    November
    15,
    1993
    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
    Page
    3
    you elect to conte5t 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.
    ~
    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
    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 ~
    Director
    4~
    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:
    /~-1-Y~
    dks/l7llv,
    36—39
    REMITTANCE FORM
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    EPA 636—93—AC
    ~JJJfl.~.LL—O.
    nOUC ~..J
    CRAIG LINTON,
    )
    )
    Respondents.
    )
    FACILITY:
    Midwest Landscaping
    SITE CODE NO.:
    0990800047
    COUNTY:
    LaSalle
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    August
    17,
    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.
    dks/l7llv,
    40

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