ILLINOIS POLLUTION CONTROL BOARD

April

18,

1996

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

)

AC 96-39

)

(IEPA No. 38-96-AC)

K. 0’

HARA CONSTRUCTION, INC.,

)

(Administrative Citation)

KENNETH 0’

HARA and MADALYN

)

O’HARA,

)

Respondent.

)

ORDER OF THE BOARD

(by G.

Girard):

This matter comes before the Board upon the February 29,

1996 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 M.K. O’Hara Construction,

Inc., Kenneth O’Hara and Madalyn O’Hara on February

22, and February

24,

1996.

The

Agency

aEleges that

on January

1996,

M.K.

O’Hara Construction,

Inc.,

Kenneth O’Hara

and Madalyn O’Hara, present owners and/or operators of a facility located in Cass County

and

commonly known to the Agency

as BeardstownlO’Hara #3,

violated Section 2l(p)(1) of the

Act.

The statutory

penalty established for this

violation is

$500.00 pursuant

to Section

42(b)(4) of the Act.

M.K.

O’Hara Construction,

Inc.,

Kenneth O’Hara and Madalyn O’Hara 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 M.K.

O’Hara Construction,

Inc., Kenneth O’Hara and Madalyn O’Hara have

violated the provision alleged in the Administrative

Citation.

Since there is (1) such violation,

the total penalty

to be

imposed

set at $500.00.

It is hereby ordered that,

unless

the penalty has already

been paid, within 30

days of the date of this order M.K.

O’Hara Construction,

Inc., Kenneth O’Hara

and Madalyn O’Hara 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,

Box

19276

Springfield, Illinois

62794-9276

Respondents

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 order.

Penalties unpaid after the due date shall accrue

interest pursuant to Section

42(g)

ofthe Illinois Environmental Protection

Act.

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

the appeal of final Board orders within 35

days of the date of service of this order.

The Rules

of the Supreme Court of Illinois establish filing

requirements.

(See

also

Ill.Adm.Code

101.246

“Motions for Reconsideration.”)

IT IS SO

ORDERED.

I, Dorothy M. Gunn,

Clerk of

Illinois Pollution Control Board,

hereby certify that

the above order

was adopted on the

/~Y~’

day of

1996,

by a vote of

Dorothy M. Gu4

Clerk

Illinois Polluti~1ControlBoard

r~~i~iE

rLEP.K’S

OFF~OE

BEFORE

 THE ILLINOIS POLLUTION CONTROL B0A~D

ADMINISTRATIVE CITATION

FEB

1996

STATE OF 1LLINO~S

POLLUT~ONCONTROL~?~

 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

))

Complainant,

(AC

v.

 )(IEPA No.83-96-AC)

)

M.

O’HARA

CONSTRUCTION,

 INC.,

KENNETH O’HARA

and

MADALYN

O’HARA,

)

Respondents.

JURI

SDICTION

This Administrative Citation is issued pursuant to authority

vested in the Illinois Environmental Protection Agency by 415

ILCS 5/31.1,

 (1994).

FACTS

1.

 That Respondents M.K. O’Hara Construction,

 Inc.,

Kenneth O’Hara and Madalyn O’Hara are the present owners and/or

operators of a facility located in the County of Cass,

 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.

 0170150020.

 Said facility is

commonly known to the Agency as Beardstown/O’Hara

#3.

3.

 That Respondents have owned and/or operated said

facility at all times pertinent hereto.

4.

 That

on January

2,

 1996,

 Bill 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

part

hereof.

VIOLATIONS

On the basis of direct observation of Bill Walkenbach, 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 January

2,

 1996 an on-site inspection of said

facility disclosed the following:

(1)

 Causing or allowing litter in violation of 415 ILCS

S/21(p)(1),

 (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 Five Hundred Dollars

 ($500.00).

 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.

If you acknowledge the violations cited hereinabove, the

civil penalty specified above shall be due and payable no later

—2—

than

April

1996

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

—3—

costs

litigation.

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation.

See 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 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.

7)~

,,4.

Mary A. GWde,

 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:

___

—4—

REMITTANCE

FORM

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

 EPA 83-96-AC

)

M.K.

O’HARA

CONSTRUCTION,

 INC.,

KENNETH

O’H14.RA

and

MADALYN

O’HARA,

)

Respondents

)

FACILITY:

 Beardstown/O’Hara

#3

 SITE CODE NO:

0170150020

COUNTY:

 Cass

 CIVIL PENALTY:

 500.00

DATE OF INSPECTION:

 January 2,

1996

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—