ILLINOIS POLLUTION CONTROL BOARD

July 27,

1989

COUNTY OF DUPAGE,

)

Complainant,

v.

)

AC 89—128

)

(Case No.

89

C D 205)

SAL and DAWN KRUZINSKI,

)

Respondents.

ORDER OF THE BOARD:

This matter comes before the Board upon a June 15,

1989

filing of an Administrative Citation pursuant

to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by the County of

DuPage.

A copy of that Administrative Citation is attached

hereto.

Service of the Administrative Citation was made upon Sal

and Dawn Kruzinski on June 12,

1989.

The County of DuPage

alleges that Sal and Dawn Kruzinski has violated Section 2l(q)(l)

of the Act.

The statutory penalty established

for this violation

is $500.00 pursuant to Section 42(b)(4)

of the Act.

Sal and Dawn Kruzinski 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.l(d)(2)

of the Act.

Therefore, pursuant

to Section 31.l(d)(l), the Board finds that Sal and Dawn

Kruzinski 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.

It

is hereby ordered that, unless the penalty has already

been paid,

within

30 days of the date of this Order

Sal and Dawn

Kruzinski

shall, by certified check or money order payable

to the

County

of DuPage,

pay

a penalty

in the amount

of $500.00 which

is

to

be sent to:

Steven K.

Dunn

Environmental Control Manager

DuPage County Department of Environmental Concerns

421 North County Farm Road

Wheaton,

Illinois

60187

IT IS SO ORDERED.

101—337

---

—2—

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certif

hat the above Order was adopted on the

‘7C7

day

of

,

1989,

by a vote of

~

tion

Control

Board

fr~

Illinois P0

101—338

---

i~L~

15

1989J

STATE

OF

ILLINOIS

STATE

OF

ILUNOIS

POLLUTION

CONTROL

BOARD

COUNTY

OF

DUPAGE

ADMINISTRATIVE

CITATION

PEOPLE OF THE STATE OF ILLINOIS

)

PETITIONER,

89

CD

205

v.

)

SAL KRUZINSKI

and

)

-~~-

,-

DAWN KRUZINSKI,

)

AC Docket No.d//~’t~

RESPONDENTS.

_______________________________________________________________________________________

)

JURISDICTION

This Administrative Citation is issued pursuant to

the

authority vested

in the

Illinois Environmental

Protection

Agency by Public Act 84-1320

(Ill.

Rev.

Stat.

1986,

Supp.,

ch.

ill 1/2,

par.

1031.1.), and delegated to DuPage

County pursuant to

Ill.

Rev. Stat.

1986, Supp.,

ch.

111 1/2,

par.

1004(r).

FACTS

1.

That

Respondents,

Sal

Kruzinski

and

Dawn

Kruzinski, are the present owners of the property located at

109th

and Lernont

Road,

u-i

the County of

DuPage,

State

of

2.

That

said

property

is

a

residence,

with

a

storinwater ravine

located at

the southwest

corner of

the

property,

and said

site is

designated with

Site Code

No.

0430000000.

Said site

is commonly known

to the Agency

as

the property of Sal and Dawn Kruzinski.

101—3 39

---

3.

That

Respondent

has

owned

said

property

at

times

pertinent

hereto.

4.

On

April

10,

1989,

a

drainage

complaint

was

with

the

DuPage

County

Department

of

Environmental

identified

as

Drainage

Complaint

Number

attached

hereto

and

made

a

part

hereof.

5.

That on

April

11,

1989,

Keith Trychta,

of

the

County of

DuPage,

in

response

to DuPage

County

Drainage

Complaint Number 89-10-038-5,

inspected the

above-described

property.

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 observations of Keith

Trychta,

the County

of DuPage

has

determined that

Respondent

was

conducting open dumping on the above—described property,

in

a manner which resulted in the following conditions:

1)

Littering in violation of Ill. Rev.

Stat.

(1985),

Ch.

111 1/2,

Par.

1021(q) (1).

CIVIL PENALTY

Pursuant to Public Act 84-1320

(Ill.

Rev.

Stat.

1986,

Supp.,

ch.

111

1/2,

par.

1042(b) (4),

Respondents herein are

subject to

a civil penalty of Five Hundred Dollars

($500.00)

2

101—340

---

for

the

violation

specified

above

in

Paragraph

Additionally,

should

you

elect

to

petition

the

Illinois

Pollution

Control

Board

under

the

review

process

hereinbelow,

and

if

there

is

a

finding

of

the

alleged

herein,

after

an

adjudicatory

hearing,

you

shall

assessed

the

associated

hearing

costs

incurred

by

Illinois

Pollution

Control

Board,

in

addition

to

the

Hundred

Dollar

($500.00)

statutory

penalty

for

the

of

violation.

If you acknowledge the violation cited hereinabove, the

civil penalty specified above shall be due and payable no

later than July 17,

1989.

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 County of DuPage and mailed to The DuPage County

Department of Environmental Concerns, Attention:

Steven

K.

Dunn, Environmental Control Manager, 421 North County Farm

Road, Wheaton,

Illinois 60187.

If any civil penalty, by reason of acknowledgment,

default or finding after adjudicatory hearing,

is not paid

when due, the Illinois Environmental Protection Agency shall

3

101—341

---

take

into

consideration

such

failure

to

pay

during

permit

review

process

upon

your

application

for

a

new

or

for

renewal

of

an

existing

permit.

Furthermore,

payment

is

not

received

when

due,

the

DuPage

County

Attorney

may

initiate

proceedings

in

Circuit

Court

collect

said

civil

penalty.

In

addition

to

the

assessed

civil

penalty

and

hearing

costs

of

Pollution

Control

Board,

if

any,

the

State’s

Attorney’s

office

will

seek

to

recover

its

of

PROCEDURE

FOR

CONTESTING

THIS

ADMINISTRATIVE CITATION

You have

the

right

to

contest

this

Administrative

Citation.

See,

Public

Act

84—1320

(Ill.Rev.Stat.

1986,

Supp., ch.

ill 1/2,

par.

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 DuPage County State’s Attorney, attention:

Gretta

Tameling,

at

207

South

Reber

Street,

Wheaton,

Illinois

60187.

Such

Petition

for

Review

must

be

filed

within

thirty-five

(35)

days

of

the

date

of

service

of

this

Administrative Citation, on

or before July

17,

1989,

or

a

default judgment shall

be

entered by the Pollution

Control

Board.

The Petition for Review may be filed with the

Clerk

4

101—342

---

of

the

Illinois

Pollution

Control

Board

at

the

State

Illinois

Center,

100

West

Randolph,

Suite

11—500,

Illinois

60601;

and,

a

copy

of

said

Petition

for

filed

with

the

State’s

Attorney

at

207

South

Reber

Wheaton,

Illinois

Date:________

Assistant

State’s

Attorney

5