RECEIVE~

ILLINOIS POLLUTION CONTROL BOARD

March 31,

1994

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

v.

)

 AC 94—9

)

 (IEPA No.

 10—94—AC)

(Administrative Citation)

CITY OF JACKSONVILLE,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a February 10,

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 the City of Jacksonville on

February

9,

 1994.

 The Agency alleges that on December 22,

 1993,

the City of Jacksonville, present owner and/or operator of a

facility located in Morgan County and commonly known to the

Agency as City of Jacksonville, violated Section 21(p) (1) of the

Act.

 The statutory penalty established for this violation is

$500.00 pursuant to Section 42(b) (4) of the Act.

The City of Jacksonville 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 31.1(d) (2)

 of the Act.

 Therefore, pursuant

to Section 31.1(d) (1), the Board finds that the City of

Jacksonville, 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.

1.

 It is hereby ordered that, unless the penalty has already been

paid, within 30 days of the date of this order the City of

Jacksonville shall, by certified check or money order payable

to the Illinois Environmental Protection Trust Fund,

 pay a

penalty in the amount of $500.00, which is to be sent to:

Fiscal Services

Illinois Environmental Protection Agency

2200 Churchill Road,

P.

 0. Box 19276

Springfield, Illinois 62794—9276

2. 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

2

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.

Section 41 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.

 Adin.

 Code 101.246,

Motions for Reconsideration.)

IT IS SO ORDERED.

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Boar~,hereby certify

~at

 the above order was adopted on the

/-~‘~

 day of

 1994, by a vote of

Dorothy N. G?j~, Clerk

Illinois Pol~L.~tion

 Control Board

IREC~VETfl

FEB1O1S94

BEFORE THE

 ILLINOIS POLLUTION CONTROL BOARD

~

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

AC

/

r

v.

)

 (IEPA No.

 10—94—AC)

CITY OF JACKSONVILLE,

Respondent.

)

JURISDICTION

This Administrative Citation

is

 issued pursuant to authority vested

in

the

Illinois Environmental Protection Agency

 by 415

 ILCS 5/31.1,

 1992;

 Iii.

 Rev.

Stat.

ch.

111

 1/2,

 para.

 1031.1.

FACTS

1.

 That Respondent

is

 the present owner and/or operator of a facility

located

 in the County of Morgan, 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.

 1370200033.

 Said facility

 is commonly known

 to the Agency as City of

Jacksonville.

3.

 That Respondent has owned and/or operated

 said facility

at

all

 times

pertinent hereto.

4.

 That on December 22,

 1993,

 William Walkenbach, 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.

~LI

 0LATJQ~ft~

On the basis of direct observation of William Walkenbach,

 the Illinois

Environmental Protection Agency has determined that Respondent has caused or

allowed open dumping at

 the above described facility

in

 a manner which

resulted in

 the following occurrences:

A.

 That on December

22,

 1993 an on—site inspection of said facility

disclosed

 the following:

(1)

 Causing or allowing litter

 in violation of 415 ILCS 5/21(p)(l),

1992;

 Ill.

 Rev.

 Stat.

ch.

111

 1/2, para.

 l021(p)(l).

CIVIL PENALTY

Pursuant to 415 ILCS 5/42(b),

 1992;

 Ill.

 Rev.

 Stat.

di.

111

 1/2, para.

l042(b)(4), Respondent herein

 is subject

 to a civil

 penalty of Five Hundred

Dollars ($500.00) for the violation specified above

 In Paragraph A.

Additionally,

 should Respondent elect to petition the Illinois Pollution

Control Board under the review process described herein below,

 and if there

is

a finding of the violations 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,

 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

 March 2l~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.

—3—

~QCfJ~UREFQ~SIi~1H

ADMINISTRATIVE CITATION

You have the right

 to contest this Administrative Citation.

See

 415 ILCS

5/31.1,

 1992;

 Ill.

 Rev.

 Stat.

ch.

111

 1/2,

 para.

 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 Illinois Environmental

 Protection Agency.

Such Petition for Review

j~t

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.

7i’2

Mary ~

 Director

Illinois Environmental Protection Agency

Prepared by:

 Todd Rettig

Illinois Environmental

Protection Agency

2200 ChurchIll

 Road

P.O.

Box

19276

Springfield,

IL

 62794—9276

217/782—5544

Date:

~—

~‘

kw/96w, 12—15

—4—

RECEIVE~

FEB

1994

&EMIJTA~EJQR!~

POLLUI1ON

CONTROL

BOARD

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

-‘~~

v.

)

 EPA 10—94—AC

)

CITY OF JACKSONVILLE,

)

)

Respondent.

)

FACILITY:

 City of Jacksonville

 SITE CODE NO.:

1370200033

COUNTY:

 Morgan

 CIVIL

PENALTY:

 $$500.OO

DATE OF INSPECTION:

 December 22,

1993

DATE REMITTED:

 __________________________

SS/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,

 2200 Churchill Road,

 P.O.

 Box 19276,

Springfield, IllInois 62794—9276.

kw/96w, 16