ILLINOIS POLLUTION CONTROL BOARD

January

4,

1996

COUNTY OF JACKSON,

)

Complainant,

v.

)

 AC 96—24

)

 (Administrative Citation)

RANDY MCBRIDE,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon the November 13,

1995 filing of an Administrative Citation pursuant to Section

31.1 of the Illinois Environmental Protection Act

 (Act)

by

Jackson County.

 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

Randy McBride on November

8,

 1995.

 Jackson County alleges that

on October 11,

 1995, Randy McBride, present owner and/or operator

of a facility located in Jackson County and commonly known to the

County as Murphysboro/Randy McBride site, 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.

Randy McBride 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 Randy McBride 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 Randy McBride,

shall by certified check or money order payable to the Jackson

County Treasurer, pay a penalty in the amount of $500.00,

which is to be sent to:

Shirley Booker

Jackson County Treasurer’s Office

P.

 0. Box 430

Janlcsnn County Courthouse

Murphysboro, Illinois 62966

2. Respondent shall include the remittance form and write the

case name and number and his social security or federal

Employer Identification Number on the certified check or money

order.

2

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

(1994)), 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.)

IT IS SO ORDERED.

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Boa~1hereby certi

 that the above order was adopted on the

r-’-’

 day of

 1996,

 by a vote of

7~O.

Dorothy H. ,~funn, Clerk

Illinois Ptillution Control Board

CU..

NOV137995

BEFORE

THE

ILLINOIS

POLLUTION

coNTRoLL~a~ErE

ILLm’o,s

ADMINISTRATIVE

CITATION

COUNTY OF JACKSON,

)

Complainant,

v.

)

 AC 96

RANDY MCBRIDE,

)

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to authority

vested in the Illinois Environmental Protection Agency by 415 ILCS

s/i

e1~

SPQ

 (1994),

 specifically 415 ILCS 5/31.1.

FACTS

1. The Respondent

 is the present owner and/or operator 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

 # 0778100029.

 The facility is

 known to the

Agency as the Murphysboro/Randy McBride/Jackson County,

 Illinois

site.

3. The Respondent has owned and/or operated the facility at

all relevant times hereto.

4.

 On October

11,

 1995,

 George Browning,

 Field

 Inspector,

Jackson County Health Department,

 inspected the facility.

A

 true

and

 correct

 copy

of

the

 inspection

 report,

 along

 with

Mr.

Browning’s

 affidavit,

are

 attached

and

 incorporated

 herein

by

reference as Exhibit A.

VIOLATIONS

On

the

 basis

 of Field

 Inspector,

 George

 Browning’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

 October

11,

 1995,

an

 on-site

 inspection

of

the

facility disclosed the following:

1. The Respondent has caused or allowed litLer

Lu

be collected

or dumped 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 $500.00 for each violation specified

above

in

 paragraph

1.

 This

is

a

 total

of

 $500.00

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 hearin9

 costs

 incurred by the

 Pollution

Control

 Board.

The

 hearing

 cost would

be

 in addition

to

the

$500.00 fine.

If you acknowledge the violations cited hereinabove, the civil

penalty shall be due and payable no later than December 17,

 1995.

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

 reguesteth 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 THIS 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, Murphysboro,

 11 62966.

 Your Petition For Review must

be filed within

 35 days

of

the

 date

of

 service

of

 the present

citation

you.

you

fail

file

your

Petition,

Default

Order

against

you

will

entered

the

Pollution

Control

Board.-

3

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:

Office of the State’s Attorney

Daniel Brenner

Assistant State’s Attorney

Jackson County Courthouse

Murphysboro,

 Ii 62966

Daniel Brenner

Assistant State’s Attorney

County of Jackson

DATED:

1995

4

REMITTANCE

FORM

COUNTY

JACKSON,

V

Complainant,

RANDY

MCBRIDE,

Respondent.

NO. EPA AC 95

FACILITY

COUNTY:

MIJRPHYSBORO/RANDY

MCBRIDE

JACKSON

DATE

INSPECTION:

SITE CODE:

OCTOBER 11,

1995

0778100029

CIVIL

PENALTY:

Date Remitted

SS/FEIN

4*

Signature

$500.00

NOTE

Please include the information on the blank lines.

 Mail this

form with your check to

Illinois Environmental Protection Agency

Attn.

 Fiscal Services

2200 Churchill Road

P.O. Box 19276

Springfield,

 Il 62794-9276