ILLINOIS POLLUTION CONTROL BOARD
January 22, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GILBERT AND MARY CODGILL ESTATE,
c/o WILLIAM CODGILL, EXECUTOR
Respondent.
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AC 09-25
(IEPA No. 319-08-AC)
ORDER OF THE BOARD (by G.T. Girard):
On December 1, 2008, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against the Gilbert and Mary Codgill estate, c/o William Codgill,
executor (respondent).
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b),
108.202(c). The administrative citation resulted from an inspection conducted by the Agency on
October 17, 2008. The Agency alleged that the respondent had violated the Environmental
Protection Act (Act) (415 ILCS 5/1
et. seq.
(2006)). Specifically, the Agency alleged that the
respondent had (1) caused or allowed the open dumping of waste in a manner resulting in litter,
(2) caused or allowed the open dumping of waste in a manner resulting in open burning, and (3)
caused or allowed the open dumping of waste in a manner resulting in deposition of construction
or demolition debris, in violation of Sections 21(p)(1), (3) and (7) of the Act (415 ILCS
5/21(p)(1), (p)(3), and (p)(7) (2006)), respectively.
On January 13, the Agency filed a motion to withdraw its administrative citation due to facts and
circumstances that it had discovered post-filing. The Board grants the Agency’s motion and
dismisses the administrative citation.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on January 22, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
DEC
2008
STATE
OF
ILLItg
ADMINISTRATIVE
CITATION
OIlUtIOfl
Contrj
ao
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
q
V.
)
(IEPA No.
319-08-AC)
)
GILBERT
AND MARY CODGILL
ESTATE,
)
do
WILLIAM
CODGILL, EXECUTOR
)
)
Respondent.
JURISDICTION
This
Administrative Citation
is issued
pursuant
to the authority
vested in the
Illinois
Environmental
Protection
Agency
by
Section
31.1 of
the Illinois
Environmental
Protection
Act,
415
ILCS 5/31.1 (2006).
FACTS
1.
That the Estate
of Gilbert
and
Mary
Codgill
is the current owner
(“Respondent”)
of
a
facility
located
on
the
southeast corner
of Eight and Johnson
Streets
in St.
Francisville,
Lawrence
County, Illinois.
The property
is commonly
known to the Illinois
Environmental
Protection
Agency
as
St.
Francisville/Codgill,
Terry.
2.
That
said
facility is an
open
dump operating
without
an
Illinois
Environmental
Protection
Agency Operating Permit
and is
designated
Mth
Site Code No.
1010255005.
3.
That
Respondent
has owned
said facility at all times
pertinent hereto.
4.
That
on October 17, 2008,
Gerald Steele
of the Illinois
Environmental
Protection
Agency’s
(“Illinois EPA”)
Marion Regional
Office
inspected
the
above-described
facility. A
copy
of
his inspection
report
setting
forth
the results
of said inspection
is attached
hereto
and made
a part
hereof.
5.
Thaton
f/-O
,Illinois
EPAsentthisAdministrative
Citationvia
Certified
Mail No.
‘7?
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VIOLATIONS
Based
upon
direct
observations
made
by
Gerald
Steele
during the
course of his
October
17,
2008
inspection
of the above-named
facility, the
Illinois
Environmental
Protection
Agency
has
determined
that Respondent
has
violated
the
Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as follows:
(1)
That
Respondent
caused
or
allowed
the
open dumping
of waste
in
a
manner
resulting
in
litter,
a violation
of
Section
21(p)(1)
of the
Act,
415 ILCS
5/21(p)(1)
(2006).
(2)
That
Respondent
caused
or
allowed
the
open dumping
of waste
in
a
manner
resulting
in
open
burning,
a
violation
of
Section
21(p)(3)
of the Act,
415
ILCS
5/21
)(3)(2006).
(3)
That
Respondent
caused
or allowed
the
open
dumping
of
waste in
a
manner
resulting
in Deposition
of General
Construction
or
Demolition
Debris:
or Clean
Construction
or Demolition
Debris
a
violation
of Section
21 (p)(7) of
the
Act,
415
ILCS
5/21 )(7)
(2006).
2
CIVIL
PENALTY
Pursuant
to Section
42(b)(4-5)
of the
Act,
415 ILCS
5142(b)(4-5)
(2006),
Respondent
is
subject
to
a
civil
penalty
of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for each
of
the
violations
identified
above,
for
a
total
of Four
Thousand
Five
Hundred
Dollars
($4,500.00). If
Respondent
elects
not
to petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be
due and
payable
no
later
than
December
30,
2008,
unless
otherwise
provided
by
order
of
the Illinois
Pollution
Control
Board.
If
Respondent
elects
to
contest
this Administrative
Citation
by
petitioning
the
Illinois
Pollution
Control
Board
in
accordance
with
Section
31.1 of
the Act,
415
ILCS5/31.1
(2006),
and
if
the
Illinois
Pollution
Control
Board
issues
a
finding
of violation
as alleged
herein,
after
an
adjudicatory
hearing,
Respondent
shall
be assessed
the associated
hearing
costs
incurred
by
the
Illinois
Environmental
Protection
Agency
and
the
Illinois Pollution
Control
Board.
Those
hearing
costs
shall
be assessed
in
addition
to the
One
Thousand
Five
Hundred
Dollar
($1,500.00)
statutory
civil penalty
for
each
violation.
Pursuant
to Section
31.1
(d)(1) of
the Act,
415
ILCS
5/31.1
(d)(1)
(2006),
if
Respondent
fails
to
petition
or
elects not
to petition
the
Illinois
Pollution
Control
Board
for
review
of
this
Administrative
Citation
within
thirty-five
(35) days
of
the date
of
service,
the
Illinois Pollution
Control
Board
shall
adopt
a
final
order,
which
shall
include
this
Administrative
Citation
and
findings
of violation
as
alleged
herein,
and shall
impose
the statutory
civil
penalty
specified
above.
When
payment
is made,
Respondent’s check
shall
be
made
payable
to
the
Illinois
Environmental Protection
Trust Fund
and
mailed
to the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection
Agency,
1021
North
Grand
Avenue
East,
P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent
shall
complete
and
return
the
enclosed
Remittance
Form
to
ensure
proper
documentation
of payment.
3
If any
civil
penalty
and/or
hearing costs
are not
paid
within
the time
prescribed
by order
of the
Illinois
Pollution
Control
Board, interest
on
said
penalty
and/or
hearing costs
shall
be assessed
against
the
Respondent
from
the
date
payment
is due up
to and including
the
date that
payment
is
received.
The Office
of
the
Illinois Attorney
General
may
be requested
to initiate
proceedings
against
Respondent
in
Circuit
Court to collect
said
penalty
and/or hearing
costs,
plus any
interest
accrued.
4
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent
has
the
right to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance
with
Section
31.1
of the Act,
415
ILCS 5/31/1
(2006).
If Respondent
elects
to
contest
this
Administrative Citation,
then
Respondent
shall
file
a
signed
Petition
for Review,
including
a
Notice
of
Filing,
Certificate
of
Service,
and Notice
of
Appearance,
with the
Clerk
of
the
Illinois
Pollution
Control
Board,
State
of
Illinois
Center,
100
West
Randolph,
Suite
11-500,
Chicago,
Illinois
60601.
A
copy
of said
Petition
for Review
shall be
filed
with
the
Illinois
Environmental
Protection
Agency’s
Division
of Legal
Counsel
at
1021
North
Grand
Avenue
East,
P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
Section
31.1
of
the Act
provides
that
any Petition
for
Review
shall
be
filed
within
thirty-five
(35)
days
of
the date
of
service
of
this Administrative
Citation
or the
Illinois
Pollution
Control
Board
shall
enter
a default
judgment
against
the
Respondent.
f•
i—Z
Date:
IZSIOS
Douglas
P.
Scott,
Dictor
Illinois
Environmental
Protection
Agency
Prepared
by:
Susan
E.
Konzelmann,
Legal
Assistant
Division
of
Legal
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield, Illinois
62794-9276
(217)
782-5544
5
DEC
U
12008
REM
ITTANCE FORM
POllutionSTATE
OF
Controi
uJN
8od
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
0
V.
)
(IEPA No.
319-08-AC)
GILBERT
AND MARY CODGILL
ESTATE,
)
do WILLIAM
CODG ILL,
EXECUTOR
)
Respondent.
)
FACILITY:
St. Francisville/Codgill,
Terry
SITE
CODE NO.:
1010255005
COUNTY:
Lawrence
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
October 17,
2008
DATE REMITTED:
55/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 mail,
along
with
Remittance
Form, to Illinois
Environmental
Protection
Agency, Attn.:
Fiscal Services, P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
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