ILLINOIS POLLUTION CONTROL BOARD
October 6,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V.
)
AC 94—72
(IEPA No.
418—94—AC)
(Administrative Citation)
CARL 3. LINGO
)
AND
MARY
LINGO,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an August 16,
1994
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 both Carl 3. Lingo and Nary
Lingo on August 16,
1994.
The Agency alleges that on June 21
1994,
Carl 3. Lingo and Mary Lingo, present owners and/or
operators of a facility located in Logan County and commonly
known to the Agency as Mt. Pulaski/Lingo, 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.
Carl 3. Lingo and Mary Lingo have 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 Carl 3.
Lingo and Mary Lingo, have violated the provisions alleged in the
Administrative Citation.
Since there were two
(2) such
violations, the total penalty to be imposed is set at $1000.00.
1.
It is hereby ordered that, unless the penalty has already been
paid, within 30 days of the date of this order Carl 3. Lingo
and Mary Lingo shall, by certified check or money order
payable to the Illinois Environmental Protection Trust Fund,
pay a penalty
in the amount of $1000.00, which is to be sent
to:
Fiscal Services
Illinois Environmental Protection Agency
2200 Churchill Road,
P.
0. Box 19276
Springfield, Illinois 62794—9276
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.
IT IS SO ORDERED.
Section
4.
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.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Bo~rd~hereby certify th~tj~eabove order was adopted on the
(o~
day of
,
1994, by a vote of
~‘L
Dorothy M.
G,~hn,
Clerk
Illinois Po~,iutionControl Board
r
~
~ 1994
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ij’J
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
AC
_____________
)
(IEPA No. 418-94-AC)
)
v.
)
CARL J.
LINGO AND
MARY
E.
LINGO
Respondents.
~3URI
SOICTION
This Administrative Citation
is issued pursuant to authority vested in
the Illinois Environmental
Protection Agency by 415 ILCS
5/31.1,
1992;
Ill.
Rev. Stat.
ch.
111½,
para.
1031.1.
FACTS
1.
That Respondents Carl
J. Lingo and Mary
E. Lingo are the present
owner and/or operator of a facility located in the County of Logan, 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. 1070400002.
Said facility
is comonly known to the Agency as Mt.
Pulaski/Lingo.
3.
That Respondents
have owned and/or operated said facility at
all
times
pertinent hereto.
4.
That on June 21,
1994, Robert Mathis Jr.,
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 Robert Mathis Jr.,
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 June 21,
1994 an on—site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter in violation of 415 ILCS 5/21(p) (1),
1992;
Ill.
Rev. Stat.
ch.
111½,
para.
1021(p)(1).
(2)
Causing or allowing open burning in violation of 415 ILCS
5/21(p)(3),
1992;
Ill.
Rev. Stat.
ch.
111½,
para.
1021(p)(3).
CIVIL PENALTY
Pursuant to 415 ILCS 5/42(b) (4),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1042(b)(4), 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 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, 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 September 24, 1994
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 General’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.
~
415
ILCS 5/31.1,
1992;
Ill.
Rev.
Stat,
ch.
111½,
para.
1031.1.
If you elect
to
contest this Administrative Citation,
you must file a Petition for Review with
—3—
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 A. G~de,Director
Illinois
Environmental
Protection Agency
Prepared by:
Todd Rettig
Illinois
Environmental
Protection Agency
2200 Churchill Road
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217) 782-5544
Date:
August
12,
1994
BD:clw\Open
—4-
REMITTANCE
FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
v
Complainant,
CARL J. LINGO AND MARY E.
LINGO,
Respondents.
FACILITY:
Mt. Pulaski/Lingo
SITE CODE NO.:
1070400002
COUNTY:
Logan
CIVIL
PENALTY:
DATE OF INSPECTION:
June 21,
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
1994
NOTE
Please enter the date of your remittance, your Social Security number
(SS)
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.
5’c/- 7~
EPA 418-94-AC
$1,000.00
if
-5-