ILLINOIS POLLUTION CONTROL BOARD
January 18,
1996
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
v.
)
AC 96—26
(IEPA No. 707-95-AC)
)
(Administrative Citation)
RICHARD VAUGHN d/b/a
)
RICHARD’S TIRE HAULING,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the November 28,
1995 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 Richard Vaughn d/b/a
Richard’s Tire Hauling (Vaughn) on November 24,
1995.
The Agency
alleges that on September 27,
1995,
Vaughn, present owner and/or
operator of a facility located in Hamilton County and commonly
known to the Agency as Thomasville/George Palmer, violated
Section 21(p) (1) of the Act.
The statutory penalty established
for each violation is $500.00 pursuant to Section 42(b)(4)
of the
Act.
Vaughn 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 Vaughn has violated the
provisions 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 Vaughn shall,
by certified check or money order payable to the Illinois
Environmental Protection Trust Fund, pay a penalty in the
amount
of $soo.oo, 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
2
case
name and number and his spcial 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
(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. Adm. Code 101.246,
Notions for Reconsideration.)
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Boai~,,,hereby certify
tb~4
the above order was adopted on the
/1
day of
,
1996, by a vote of
~
4
Dorothy M./~unn,Clerk
Illinois ~óllution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
:.
L.
Complainant,
)
AC
9(P—
R(,p
)
(IEPA
N~.7O7-95-AC)
V.
)
)
RICHARD VAUGHN d/b/a RICHARD’S TIRE HAULING,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested
in
the Illinois Environmental Protection Agency by 415 ILCS 5/31.1,
(1992).
FACTS
1.
That Respondent Richard Vaughn d/b/a Richard’s Tire
Hauling is
the present owner and/or operator of a facility located in the County of
Hamilton, 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. 0658040002.
Said facility is comonly known to the Agency as
Thonipsonvilie/George Palmer.
3.
That Respondent has owned and/or operated said facility at all
times pertinent hereto.
4.
That on September 27, 1995, Ronald Clark, 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.
VIOLATIONS
On the basis of direct observation of Ronald Clark, 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 September 27,
1995 an on-site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter
in violation of 415 ILCS 5/2l(p)(1),
(1992).
CIVIL
PENALT’~(
Pursuant to 415 ILCS 5/42(b)(4),
(1992),
Respondent herein
is subject to
a civil
penalty of Five Hundred Dollars ($500.00) for each violation specified
above in Paragraph A, for
a total
of Five Hundred Dollars
($500.00).
Additionally,
should Respondent 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,
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.
If you acknowledge the violations cited hereinabove,
the civil penalty
specified above shall
be due and payable no later than
December 31, 1995
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
-2—
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.
PROCEDURE FOR CONTESTING THIS
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.
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 ~
be
-3-
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.
)i’7cM~.M
A.
G~Q~
Mary
A.
G~1e,Director
~
Illinois Environmental Protection Agency
Prepared by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield,
Illinois
62794-9276
(217) 782-5544
Date: ___________________
BD:tliAOpen
-4-
REM
ITTANCI~EQRM
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.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
)
V.
RICHARD VAUGHN d/b/a RICHARD’S TIRE
HAULING
Respondent.
FACILITY:
Thompsonvi ile/George
Palmer
COUNTY:
Hamilton
DATE
OF
INSPECTION:
September
27,
1995
EPA
707-95-AC
SITE
CODE
NO. :065840002
CIVIL PENALTY:
$
500.00
—5—
