ILLINOIS
POLLUTION
CONTROL
BOARD
January
4, 1996
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
v.
)
AC 96—23
(IEPA No. 683-95-AC)
)
(Administrative Citation)
PAUL
BUNYON and CHARLES,
)
GROSZEK,
)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon the November 9, 1995
filing of an Administrative Citation pursuant to Section 311
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 both Paul Bunyon and
Charles Groszek
(Respondents) on November 9,
1995.
The Agency
alleges that on September 11,
1995, respondents, present owners
and/or operators of a facility located in Grundy County and
commonly known to the Agency as Minooka/Paul Bunyon, violated
Sections 21(p) (1) and 21(p) (3) of the Act.
The statutory penalty
established for each violation is $500.00 pursuant to Section
42(b) (4) of the Act.
Respondents have 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 Respondents have
violated the provisions alleged in the Administrative Citation.
Since there are two
(2) such violations, the total penalty to be
imposed is set at
$1,000.00.
1.
It is hereby ordered that, unless the penalt~yhas already been
paid, within 30 days of the date of this order, Respondents
shall, by certified check or money order payable to the
Illinois Environmental Protection Trust Fund, pay a penalty in
the amount of $1,000.00, which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road,
P.
0.
Box 19276
Springfield, Illinois 62794—9276
2. Respondents shall include the remittance form and write the
2
case name and number and their social security or federal
Employer Identification Numbers on the certified check or
money 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.
IT IS SO ORDERED.
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.)
I, Dorothy H.
Gunn,
Clerk of the Illinois Pollution Control
Boaçj4 hereby cer1~fythat the above order was adopted on the
Af-’#~
day of
‘Lfn-tt--~-tc#t
,
1996, by a vote of
7-0
~
~.
Dorothy MjGunn,
Clerk
Illinois/’F/ollution Control Board
‘I
6
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
~..
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
d
Complainant,
)
AC
/~
)
(IEPA No.683-95-AC)
v.
)
)
PAUL BUNYON and CHARLES GROSZEK,
)
)
Respondents.
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested In
the Illinois Environmental
Protection Agency by 415 ILCS 5/31.1.
(1992).
1.
That Respondents Paul Bunyon and Charles Groszek are the present
owners and/or operators of a facility located in the County of Grundy, 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. 0630550001.
Said facility is comonly known
to the Agency as
Minooka/Paul
Bunyon.
3.
That Respondents have owned and/or operated said facility at all
times pertinent hereto.
4.
That on September 11, 1995. Warren Werltz, 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.
VIOLATION.~
On the basis of direct observation of Warren Werltz, the Illinois
Environmental Protection Agency has determined that Respondents have caused or
allowed open dumping at the above-described facility in a manner which
resulted in the following occurrences:
A.
That
on September 11,
1995 an on—site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter in violation of 415 IICS 5/21(p)(1),
(1992).
(2)
CausIng or allowing open burning
in violation of 415 ILCS
5/21(p) (3)
,
(1992)
CIVIL PENALTY
Pursuant to 415 ILCS 5/42(b)(4),
(1992), Respondents herein are subject
to a civil
penalty of Five Hundred Dollars ($500.00) for each violation
specified above in Paragraph A, for a total of One Thousand Dollars
($1,000.00).
Additionally, should Respondents elect to petition the Illinois
Pollution Control Board under the review process described hereinbelow,
and if
there is a finding of the violations alleged herein, after an adjudicatory
hearing,
Respondents 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
December 18,
1995
—2—
If you do not petition the Illinois Pollution Control Board for review of this
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.
~RQCEDURE
FOR CQNTESTING
11115
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~
415
ILCS 5/31.1,
(1992).
If you elect to contest this Administrative Citation,
—3-
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 must
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.
A.
~
~faryA’~”~?e,
Director
Illinois
Environmental
Protection
Agency
Prepared by:
Todd Rettig
Ill inoi
s Envi ronmental
Protection Agency
2200
Churchill
Road
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217)782-5544
Date: _______________________
8O:tb.~Op.n
-4-
REMITTANCE
FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
V
Complainant,
EPA 683-95-AC
PAUL BUNYON and CHARLES GROSZEK
Respondents.
FACILITY: Minooka/Paul Bunyon
COUNTY:
Grundy
SITE CODE NO.:0630550001
CIVIL PENALTY: $1,000.00
DATE OF INSPECTION:
September 11, 1995
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.
-5-
