ILLINOIS POLLUTION CONTROL BOARD
August 21, 2008
COUNTY OF JACKSON,
Complainant,
v.
JAMES MOAKE,
Respondent.
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AC 08-20
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On March 3, 2008, the County of Jackson (County) timely filed an administrative citation
against James Moake (Moake).
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b),
108.202(c). The administrative citation concerns Moake’s property located at latitude 37.80102
and longitude –89.39497 in Jackson County. The property is commonly known to the Illinois
Environmental Protection Agency as the “Murphysboro/James Moake” site and is designated
with Site Code No. 0778085005. The County alleged that Moake violated Sections 21(p)(1),
(p)(3), and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7)
(2006)) at his property by causing or allowing the open dumping of waste in a manner resulting
in litter, open burning, and the deposition of general or clean construction or demolition debris.
On August 14, 2008, the County filed a motion to voluntarily dismiss the administrative
citation (Motion). In its motion, the County notes that a subsequent inspection found the site to
be “cleaned up and in compliance with the open dumping laws.” Motion at 1. The Board grants
the County’s motion, dismisses the case, and closes the docket.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on August 21, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE THE
ADMINISTRATIVE
ILLINOIS POLLUTION
CITATION
CONTROL BOAROC
5Fic
i
F1)FVE
D
COUNTY OF JACKSON,
Complainant,
OR
v.
JAMES MOAKE,
Respondent.
31>NAL
AC 08 -
Site Code: 0778085005
JURISDICTION
MAR 0 3 2008
STATE OF ILLINOIS
Pollution Control Board
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(2004), specifically 415 ILCS
5/31.1.
FACTS
1.
The Respondent is the present owner and occupant and in control and
possession of a facility located in the County of Jackson, State of Illinois.
2.
The facility is an open dump, operating without an Illinois Environmental
Protection Agency Operating Permit, and designated with the Site Code # 0778085005.
The facility is known to the Agency as the Murphysboro/James Moake site.
3.
The Respondent has owned, occupied, controlled and/or operated the facility at
all relevant times hereto.
4.
On January 9, 2008, Don Terry, Field Inspector, Jackson County Health
Department, inspected the facility. A true and correct copy of the inspection report, along
with Mr. Terry's affidavit, are attached and incorporated herein by reference as Exhibit A.
VIOLATIONS
On the basis of Field Inspector, Don Terry's, direct observation, he has determined
that the Respondent has caused or allowed open dumping at the above described facility
in a manner that resulted in the following violations:
That on January 9, 2008, an on-site inspection of the facility disclosed the following:
1. The Respondent has caused or allowed litter at the facility in violation of 415 ILCS
5/21(p)(1).
2. The Respondent caused or allowed open burning at the facility in violation of 415
ILCS 5/21(p)(3).
3. The Respondent has caused or allowed the deposition of general construction
or demolition; or clean construction or demolition debris in violation of 415 ILCS 5/21(p)(7).
CIVIL PENALTY
In accordance with 415 ILCS 5/42 (b)(4-5), the Respondent is subject to a civil
penalty of $1,500.00 for each of violations specified above. Additionally, should the
Respondent elect to petition the Illinois Pollution Control Board under the review process
described below, after an adjudicatory hearing, the Respondent shall be assessed the
hearing costs incurred by the Pollution Control Board. The hearing cost would be in
addition to the $4,500.00 fine.
If you acknowledge the violations cited herein above, the civil penalty shall be due
and payable no later than March 15, 2007. If you do not petition the Pollution Control
Board for review of the Administrative Citation within 35 days of service of the
Administrative Citation, or contest the Citation, any judgment that may be rendered against
you shall specify the due date of the civil fine and any additional costs assessed against
you.
When payment is made, your check should be made payable to the Jackson
County's Treasurer Office and mailed to the attention of Shirley Dillinger Booker, Jackson
County Treasurer, Murphysboro, Illinois, 62966. Also, please complete and return the
enclosed remittance form, along with your payment, to assure proper credit.
If any civil penalty is not paid within the prescribed time, the law allows for the
accumulation and payment of interest on the remaining unpaid balance. If any civil penalty
is not paid when due, the Office of the State's Attorney shall be requested to initiate
proceedings in Circuit Court to collect the penalty. In addition to the civil penalty, hearing
costs, and interest, if any, the Jackson County State's Attorney may seek to recover their
costs of litigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
You have the right to contest this Citation, pursuant to 415 ILCS 5/31.1. If you elect
to contest this Citation, you must file a Petition For Review with the Clerk of the Illinois
Pollution Control Board. A copy of the Petition For Review shall be filed with Daniel
Brenner, Assistant State's Attorney, Jackson County Courthouse, Third Floor,
Murphysboro, II 62966.
YOUR PETITION FOR REVIEW MUST BE FILED WITHIN 35
DAYS OF THE DATE OF SERVICE OF THE PRESENT CITATION ON YOU. IF YOU
FAIL TO FILE YOUR PETITION,
A
DEFAULT ORDER AGAINST YOU WILL BE
ENTERED BY THE POLLUTION CONTROL BOARD.
Your original Petition must be filed with the Clerk of the Board at:
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
A copy must also be sent to:
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3 rd
Floor
Murphysboro, II 62966
DATED: t
--.60
?, 2008
Daniel Brenner
Assistant State's Attorney
COUNTY OF JACKSON,
Complainant,
v.
JAMES MOAKE,
Respondent.
REMITTANCE FORM
)0R131NAL
NO. AC 08 -
2-6
RECEIVED
C
LERK'S OFFICE
MAR 0 3 2008
STATE
OF ILLINOIS
Pollution Control
Board
FACILITY:
?
Murphysboro/James Moake Site
COUNTY:
?
JACKSON
DATE OF INSPECTION:
?
January 9, 2008
SITE CODE:
?
0778085005
CIVIL PENALTY:
?
$4,500.00
Date Remitted ?
SS/FEIN #
?
Signature
NOTE
Please include the information on the blank lines. Mail this form with your check to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
