ILLINOIS POLLUTION CONTROL BOARD
    December 3,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    V.
    )
    AC 92—71
    )
    (IEPA Docket No. 490—92—AC)
    EDWIN TESSMER and ELIZABETH
    )
    (Administrative Citation)
    JEAN TESSMER,
    )
    )
    Respondents.
    ORDER OF THE BOARD:
    This matter comes before the Board upon an October
    19,
    1992
    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 Edwin and Elizabeth Jean
    Tessmer on October 17,
    1992.
    The Agency alleges that on August
    20,
    1992, Edwin and Elizabeth Jean Teesmer, present owners and/or
    operators of a facility located in Jo Daviess County and commonly
    known to the Agency as Warren/Tessmer, 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.
    Edwin and Elizabeth Jean Tessmer 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
    Edwin and Elizabeth Jean Tessmer 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 Denaltv has already been
    paid, within 30 days of the date of this order Edwin and
    Elizabeth Jean Tessmer 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:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    0137-0609
    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, Ill. Rev.
    Stat.
    1989,
    ch.
    111½, par.
    1041, provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Bo~rd,.hereby certi7fy that the above order was adopted on the
    ~
    day of
    ,
    1992, by a vote of
    7
    C
    Control Board
    0137-0610

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