ILLINOIS POLLUTION CONTROL BOARD
July 22,
1993
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 93—17
)
(IEPA Docket No.
229—93--AC)
LORENE DUNKEL,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a May 20,
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 Lorene Dunkel on May 20,
1993.
The Agency alleges that on March 25,
1993,
Lorene Dunkel,
present owner and/or operator of a facility located in Wabash
County,
and coininonly known to the Agency as Mt. Carmel/Lorene
Dunkel, violated Sections 21(p) (1) and 21(p) (4)
of the Act.
The
statutory penalty established for each of these violations
is
$500.00 pursuant to Section 42(b)(4)
of the Act.
Lorene Dunkel 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 Lorene Dunkel has
violated each and every provision alleged
in the Administrative
Citation.
Since there are two
(2)
such violations,
the total
penalty to be imposed
is set at $1,000.00.
1.
It
is hereby ordered that,
unless the penalty has already been
paid, within 30 days of the date of this Order Lorene Dunkel
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
$1,000.00 which is to be sent to:
2
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794—9276
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 certify. that the above order was adopted on the
‘day of
S-’..
~
,
1993,
by a vote of
/~C
J
/
/
-
~
Dorothy N.
Gunr~
Clerk
Illinois PolIut~ionControl Board
H-..’
‘~‘‘)
C:.~)
~
MAY
2
0/993
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
AC________________
v.
)
(IEPA
No.
229—93—AC)
)
LORENE DUNKEL
and JOHN HUGHES,
)
Respondents.
)
JURISDICTION
This Administrative Citation
is
issued pursuant
to authority vested ~n the
Illinois Environmental Protection Agency by
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1031.1
(1991).
FACTS
1.
That Respondents
are
the present owner and/or operator of
a facility
located
in
the County
of I~abash, State of Illinois.
2.
That said facility
is
an open dump, operating without
an Illinois
Environmental Protection
Agency Onerating Permit, and designated with Site
Code
No.
1858570004.
Said facility
is commonly known
to
the Agency
as
Mt.
Carmel/Lorene Dunkel
3.
That Respondents
have owned and/or operated
said facility
at
all
times pertinent
hereto.
4.
That on March
25,
1993, George Glass,
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 George Glass,
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 March 25,
1993 an on—site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter
(Ill.
Rev.
Stat.
ch.
ill
1/2,
para.
lO2l(p)(l)
(1991)
formerly
lO2l(q)(l)P.
(2)
Causing or allowing the deposition of waste
in standing or
flowing waters
(Ill.
Rev.
Stat.
ch.
111
1/2,
par
l021(p)(4)
(1991) formerly
lO2l(q)(4)1).
CI’JIL PENALTY
Pursuant to
Ill,
Rev,
Stat.
ch.
111
1/2,
para.
1O42(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
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.
If you acknowledge
the violations cited hereinabove,
the civil
penalty
specified above
shall
be due
and payable
no
later
than
June
15,
1993
If you
do not petition
the Illinois Pollution Control
Board for review of this
—2—
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 Generals Office
will
seek
to recover their costs of
litigation.
PROCEDURE FOR CONTESTING THIS
fDMINISTRAIIVE CITATIOJ~
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
—3—
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.
M~A. ~
Mary A. ~7ade,
Director
~
Illinois Environmental
Protection Agency
Prepared
by:
Richard
C.
Warrington,
Jr.
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O.
Box
19276
Springfield,
IL
62794—9276
217/782—5544
Date:
May
18,
1993
kc/931v ,29—32
—4—
-
REMITTANCE
FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
~\l
Mt~’~
2
0i9~
Complainant,
)
~
-
-
-~:
)fl~~-//i
‘
--
v.
-)
EPA 229—93—AC
LORENE DUNKEL and JOHN HUGHES,
)
)
Respondents.
)
FACILITY:
Mr. Carmel/Lorene Dunkel
SITE CODE NO.:
1858570004
COUNTY:
Wabash
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
March 25,
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 mall,
along with Remittance
Form,
to Illinois Environmental
Protection
Agency,
Attn.:
Flsc~al Services, 2200 Churchill
Road,
P.O.
Box
19276,
Springfield,
IllInois 62794—9276.
k.c
/93 lv
,
33