ILLINOIS POLLUTION CONTROL BOARD
    January 20,
    1994
    MONTGOMERY COUNTY,
    ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    AC 93—62
    (Administrative Citation)
    PROSPER GUYOT,
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a December 8,
    1993
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Montgomery
    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 Prosper
    Guyot on December 3,
    1993.
    Montgomery County alleges that on
    October 29,
    1993,
    Prosper Guyot, present owner and/or operator of
    a facility located in Montgomery County, and commonly known to
    the Agency as Wenonah/Guyot Open Dump, 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.
    Prosper Guyot 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 Prosper Guyot 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 Prosper Guyot
    shall,
    by certified check or money order payable to the
    Montgomery County Treasurer, pay a penalty in the amount of
    $500.00, which is to be sent to:
    Mr. Tom Larson, Director
    Montgomery County Health Department
    South 185
    Hilisboro,
    Illinois 62049

    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
    this 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 certify1’th~tthe above order was adopted on the
    ~~f’~-/-’
    day of
    ~.
    ~
    ,
    1994,
    by a vote of
    4
    ñ~
    /1.
    ~/‘~
    ~Dorothy
    N. Gunn~/C1erk
    Illinois Pol1ut~onControl Board

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    ADMINISTRATIVE
    CITATION
    MONTGOMERY
    COUNTY,
    )
    ILLINOIS,
    Complainant,
    )
    NO.
    ~‘~‘
    (~
    7~,
    (..~—-
    VS.
    )
    PROSPER
    GUYOT,
    )
    Respondent.
    )
    )
    3URISDICTION
    This
    Administrative
    Citation
    is
    issued
    pursuant
    to
    authority
    vested
    in the
    Illinois
    Environmental
    Protection
    Agency
    by
    Illinois
    Compiled
    Statutes,
    Chapter
    415,
    Paragraph
    5/31-1
    and delegated
    to
    Montgomery
    County,
    Illinois,
    pursuant
    to
    Illinois
    Compiled
    Statutes,
    Chapter
    415,
    Paragraph
    514.
    FACTS
    1.
    The
    Respondent
    is the
    present
    operator
    of
    an
    open
    dump
    located
    in
    Montgomery
    County,
    State
    of
    Illinois
    in the
    Village
    of
    Wenonah,
    and
    referred
    to
    herein
    as
    Site
    No.
    1350800001.
    2.
    That said
    facility
    is
    not
    a
    sanitary
    run special
    waste
    landfill,
    and that
    no
    permits
    have
    been
    issued
    to Prosper
    Guyot
    or
    to
    Ricky
    Guyot,
    record
    owner
    of
    the
    property,
    for
    said
    purpose.
    3.
    That
    Respondent
    has
    owned
    and/or
    operated
    said
    facility
    at
    all
    times pertinent
    hereto.
    4.
    That
    on
    October
    29,
    1993,
    Weldon Kunzeman
    of
    the
    Montgomery
    County
    Health
    Department
    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
    1.
    On the
    basis
    of
    direct
    observation
    of
    Weldon
    Kunzeman,
    on
    October
    29,
    1993,
    the
    Complainant
    has
    determined
    that
    respondent
    has operated
    the
    above-described
    facility
    in
    the
    following
    manner:
    a.
    That
    Prosper
    Guyot
    has
    allowed
    the
    open
    dumping
    of
    waste
    in a. manner
    resulting
    in litter,
    more
    particularly
    described
    on
    Page
    5
    of
    the
    attached
    Inspection
    Report,
    incorporated
    herein
    by
    reference.
    2.
    That
    the
    action
    described
    in
    Paragraph
    Ia,
    above
    constitutes
    a
    violation
    of
    Illinois
    Compiled
    Statutes,
    Chapter
    415,
    Paragraph
    5/21
    (p)
    (1).
    CIVIL
    PENALTY
    Pursuant
    to
    Illinois
    Compiled
    Statutes,
    1991,
    Chapter
    415,
    Paragraph
    5/42
    (b)
    (4),
    Respondent
    herein
    is subject
    to
    civil
    penalty
    of
    Five
    Hundred
    Dollars
    ($500.00)
    for
    each
    violation
    specified
    above
    in
    Paragraph
    Ia
    (Violations),
    for a
    total
    of
    $500.00.
    Additionally,
    should
    Respondent
    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,
    Respondent
    shall
    be
    assessed
    the
    associated
    hearing costs
    incurred
    by
    the
    Illinois
    Environmental
    Protection
    Agency,
    Montgomery
    County,
    Illinois,
    and
    the
    lllinois
    Pollution
    Control
    Board,
    in
    addition
    to
    the Five
    Hundred
    Dollars
    ($500.00)
    statutory
    penalty
    for
    each
    finding
    of
    violation.
    lf
    you
    acknowledge
    the
    violations
    cited
    hereinabove,
    the
    civil penalty
    specified
    above
    shall
    be due and
    payable
    no
    later
    than
    January
    7,
    1994.
    If
    you
    do
    not
    petition
    the
    Illinois
    Pollution
    Control
    Board
    for review
    of
    this
    Administra-
    tive
    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
    Montgomery
    County
    Treasurer
    and mailed
    to the
    attention
    of
    Mr.
    Tom Larson,
    Director,
    Montgomery
    County
    Health
    Department,
    South
    185,
    Hillsboro,
    Illinois
    62049.
    Also,
    please
    complete
    and
    return
    the
    enclosed
    Remittance
    Form,
    along
    with
    your
    payment,
    to
    assure
    proper
    documentation
    of
    payment,
    50
    of
    which payment
    must
    be
    forwarded
    to
    th~eAgency.
    If any civil
    penalty,
    by
    reason
    of
    acknowledgment,
    default
    or
    finding after
    ad-
    judicatory
    hearing,
    is
    not
    paid
    when
    due,
    the
    Illinois
    Environmental
    Protection
    Agency
    shall take
    into
    consideration
    such
    failure
    to
    pay
    during
    any permit
    review process
    upon
    your
    application
    for
    a
    new permit
    or for
    renewal
    of
    an
    existing
    permit.
    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.
    Furthermore,
    if
    payment
    is
    not
    received
    when
    due,
    the
    Office
    of
    the
    Illinois
    Attorney
    General
    or
    State’s
    Attorney
    for
    Montgomery
    County,
    Illinois
    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,
    Montgomery
    County,
    Illinois,
    and the
    illinois
    Pollution
    Control
    Board, if any,
    the
    Attorney
    General’s
    Office
    or
    Montgomery
    County,
    Illinois
    State’s
    Attorney’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
    illinois
    Compiled
    Statutes,
    1991,
    Chapter
    415,
    Paragraph
    5/31.1.
    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
    mailed
    to the
    Montgomery

    County
    State’s
    Attorney.
    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 courtesy
    copy
    of
    said Petition
    for
    Review
    filed
    with the
    Illinois
    Environ-
    mental
    Protection
    Agency
    at
    2200
    Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois
    62794-9276. Attention:
    Division of
    Legal
    Counsel,
    and a copy
    of
    said Petition
    for
    Review
    mailed
    to
    Kathryn
    Dobrinic,
    Montgomery
    County
    State’s
    Attorney,
    Montgomery
    County Courthouse,
    Hillsboro,
    Illinois
    62049.
    MONTGOMERY
    COUNTY,
    ILLINOIS
    BY:
    _____________________________________
    KATHRYN
    DOBRINIC
    Montgomery
    County
    State’s
    Attorney
    Prepared
    by:
    Kathryn
    Dobrinic
    Montgomery
    County
    State’s
    Attorney
    Montgomery
    County
    Courthouse
    Hillsboro,
    Illinois
    62049
    Date:
    November
    17,
    1993

    I
    DEr
    i~9~
    IN
    THE
    CIRCUIT
    COURT
    OF
    THE
    FOURTH
    JUDICIAL
    CIRCLjJIT
    ~
    S1’~
    .
    MONTGOMERY
    COUNTY,
    ILLINOIS
    r’oLLU1~Th
    ~
    MONTGOMERY
    COUNTY,
    )
    ILLINOIS,
    )
    Complainant,
    )
    NO.
    )
    PROSPER
    GUYOT,
    )
    Respondent.
    )
    )
    REMITTANCE
    FORM
    FACILITY:
    Wenonah/Guyot
    Open
    Dump
    SITE
    CODE
    NO.
    1350800001
    COUNTY:
    Montgomery
    CIVIL
    PENALTY:
    $500.00
    DATE
    OF
    INSPECTION:
    October
    29,
    1993
    DATE
    REMITTED:
    ________________________
    SS/FEIN.
    NUMBER:
    _______________________
    SIGNATURE ____________________________
    NOTE
    Please
    enter
    the
    date
    of
    your
    remittance,
    your
    Social
    Security
    number
    (SS) if
    any
    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
    Mr.
    Tom
    Larson,
    Director,
    Montgomery
    County
    Health
    Department,
    South
    Route
    185,
    Hillsboro,
    Illinois
    62049.
    The
    check
    should
    be
    made
    payable
    to
    the
    Montgomery
    County
    Treasurer.
    Fifty
    per
    cent
    (50)
    of
    the
    penalty
    shall
    be
    forwarded
    by
    Montgomery
    County
    to
    the
    Illinois
    Environmental
    Protection
    Agency.

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