May 04, 2006
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Re:
Administrative Citation - (William Slane)
AC# 191-05-06
Site Code 1910200003
Inspection Date: March 21, 2006
Dear Clerk:
Enclosed for filing with the Board is the Administrative Citation packet issued against
Mr. William Slane.
The Respondent's mailing address is 129 Lamard St., Geff, Illinois 62842. I will send
you the date, and proof of such, of service of the Citation on the Respondent. The site is known
as the Slane, William site.
Please acknowledge receipt and filing of the enclosed materials. Thank you.
Sincerely,
Kevin Kakac
Wayne County States Attorney
enclosures
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of Wayne,
)
)
Complaintant,
)
)
v.
) AC 191-05-06
)
Mr. William Slane,
)
)
Respondent.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Wayne.
Wayne County States Attorney
Kevin Kakac
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of Wayne,
)
)
Complainant,
)
)
v.
) AC 191-05-06
)
Mr. William Slane,
)
)
Respondent.
)
NOTICE OF FILING
TO:
William Slane 129 Lamard St., Geff, Illinois 62842
PLEASE TAKE NOTICE that I have filed with the Office of the Clerk of the Illinois
Pollution Control Board the Complaint for Administrative Citation, a copy of which is herewith
served upon you.
Kevin Kakac
May 04, 2006
Wayne County States Attorney
P.O. Box 641
Fairfield, Illinois 62837
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
County of Wayne,
)
)
Complainant,
)
)
v.
) AC 191-05-06
)
Mr. William Slane,
)
)
Respondent,
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(1996), specifically 415 ILCS 5/31.1.
FACTS
1. The Respondent is the present occupant and in control and possession of a facility
located in the County of Wayne, 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 # 1910200003. The facility is
known to the Agency as the Slane, William site.
3. The Respondent has occupied, controlled and/or operated the facility at all relevant
times hereto.
4. On March 21, 2006, Field Inspector, Clark D. Griffith, inspected the facility. A true
and correct copy of the inspection report, along with his affidavit, are attached and incorporated
herein by reference as Exhibit A.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
VIOLATIONS
On the basis of Field Inspector, Clark D. Griffith’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 March 21, 2006, an on-site inspection of the facility disclosed the following:
1.
The Respondent has caused or allowed littering at the facility in violation of
415 ILCS 5/21(p)(1).
CIVIL PENALTY
In accordance with 415 ILCS 5/42 (b)(4), the Respondent is subject to a civil penalty of
$1500.00 for each violation specified above in paragraph 1. This is a total of $1500.00 for this
Citation. 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 $1500.00 fine.
If you acknowledge the violations cited herein above, the civil penalty shall be due and
payable no later than July 08, 2006. 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 Wayne County's
Treasurer Office and mailed to the attention of Donna Vaughan, Wayne County Treasurer,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
Fairfield, Illinois, 62837. 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 Wayne 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 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. A copy of the Petition for Review shall be filed with the Wayne County States Attorney.
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 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
A copy must also be sent to:
Wayne County State's Attorney
P.O. Box 641
Fairfield, IL 62837
DATED:
, 2006
***********
Wayne County State's Attorney
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
REMITTANCE FORM
County of Wayne,
)
)
Complainant,
)
)
v.
) A.C. #191-05-06
)
Mr. William Slane,
)
)
Respondent.
)
FACILITY:
SLANE, WILLIAM SITE
COUNTY:
WAYNE
DATE OF INSPECTION:
MARCH 21, 2006
SITE CODE:
1910200003
CIVIL PENALTY:
$1500.00
Date Remitted
SS/FEIN #
Signature
NOTE
Please include the information on the blank lines. Mail this form with your check to:
Wayne County Treasurers Office
Wayne County Courthouse
307 East Main St.
Fairfield, IL 62837
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of Wayne,
)
Complainant,
)
)
V.
)
AC#191-05-06
Mr. William Slane
Respondent.
)
AFFIDAVIT
Affiant, Clark Griffith, being first duly sworn, voluntarily deposes and states as follows:
1. Affiant is a field inspector employed by the Wayne County Health Department and has been so
employed at all times pertinent hereto.
2. On March 21, 2006, between 11:13 a.m. and 11:15 a.m., Affiant conducted an inspection of a
disposal site operated without an Agency permit, located in Wayne County, Illinois, and known as the
Slane, William Dumpsite by the County of Wayne. Said site has been assigned site code number
1910200003 by the county.
3. Affiant inspected said open dumpsite site by an on-site inspection which included
photographing the site.
4. As a result of the material actions referred to in paragraph 3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of Affiant's knowledge
and belief, is an accurate representation of Affiant's observations and factual conclusions with respect to
said Slane, William Dumpsite.
________________________________
Subscribed and Sworn to before me
this ____ day of __________, 2006.
___________________________________
Notary Public
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
PROOF OF SERVICE
I hereby certify that I did on the 8th day of May 2006, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post
Office Box a true and correct copy of the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
William Slane
129 Lamard St.
Geff, IL 62842
and the original and nine (9) true and correct copies of the same foregoing instruments on the
same date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
Kevin Kakac
Wayne County States Attorney
Wayne County States Attorney
P.O. Box 641
Fairfield, Illinois 62837
(618) 842-3433
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *
WAYNE COUNTY
P.O. BOX 645, FAIRFIELD,
HEALTH
ILLINOI
DEPARTMENT
S 62837
PH. 618 842-5166
May 04, 2006
Wayne County Enforcement Decision Group
Meeting Minutes
Re:
Slane, William
DLPC #1910200003
Compliance File
A telephone conference with members of the Wayne County Enforcement Decision Group was
held on the dates of April 10, April 20 and May 03, 2006. Topic of discussion involved the
Slane, William site (DLPC #1910200003). I recommend serving Mr. William Slane with an
Administrative Citation for his failure to comply with Violation Notice #L-2005-WY007 in a
timely manner. Those contacted include the following: Martha Heflin, Wayne County Health
Department Administrator, Gary Steele, IEPA representative and Kevin Kakac, Wayne County
States Attorney. All members of the group agree that I serve this citation as recommended. If
you have questions regarding these meeting minutes please contact me at the above phone
listing.
Sincerely,
Clark D. Griffith
CC:
Kevin Kakac
Martha Heflin
Gary Steele
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 9, 2006
* * * * * AC 2006-038 * * * * *