ILLINOIS POLLUTION CONTROL BOARD
August
11,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
V.
)
AC 94—42
(IEPA No.
352-94-AC)
(Administrative Citation)
WAYNE
D. ALBERTS
AND
)
SHARON ALBERTS,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 29,
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 Wayne D. Alberts and Sharon
Alberts on June 28,
1994.
The Agency alleges that on May 2,
1994, Wayne D. Alberts and Sharon Alberts, present owners and/or
operators of a facility located in Logan County and commonly
known to the Agency as Atlanta/Alberts, violated Section 21(o)(1)
and 21(o) (3)
of the Act.
The statutory penalty established for
each violation is $500.00 pursuant to Section 42(b)(4)
of the
Act.
Wayne
D. Alberts and Sharon Alberts 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
Wayne
D. Alberts and Sharon Alberts have violated the provisions
alleged in the Administrative Citation.
Since there are two
(2)
such violations, the total penalty to be imposed is $1,000.00.
1.
It is hereby ordered that, unless the penalty has already been
paid, within 30 days of the date of this Order Wayne
D.
Alberts and Sharon Alberts 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
2. 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.
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.
Adm. Code 101.246,
Motions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Boar~.hereby certify t~t the above order was adopted on the
//.4-~
day of
,
1994,
by a vote of
~
~&,
Dorothy M./’~unn, Clerk
Illinois P~i1utionControl Board
RECEIVED
JUN 291994
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
POLLU11ONCONTROLBOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
AC_______________
v.
)
(IEPA
No. 352—94—AC)
)
WAYNE
D. ALBERTS AND SHARON
3.
ALBERTS,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in
the
Illinois Environmental
Protection Agency
by 415 ILCS 5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111
1/2, para.
1031.1.
FACTS
1.
That Respondents are
the present owner and/or operator of
a facility
located
in the County of Logan,
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.
1078010002.
Said facility
is commonly known to the Agency as
Atlanta/Alberts.
3.
That Respondents
have owned and/or operated said facility at
all
times pertinent hereto.
4.
That
on
May 2, 1994,
Robert
Mathis, Jr., 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
Robert Mathis, Jr., 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
May
2,
1994
an
on-site inspection of said facility
disclosed the
following:
(1)
Causing or
allowing litter
in violation of 415
ILC
5/21(p)(1.).
1992;
Ill.
Rev.
Stat.
ch.
111
1/2.
para.
lO2l(p)(1).
(2)
Causing
or allowing open burning
in
violation of
415
ILCS 5/21(p)(3),
1992;
III.
Rev.
Stat.
ch.
111
1/2,
para.
1021(p)(3).
-2-
CIVIL PENALTY
Pursuant to 415
ILCS 5/42(b),
1992; Ill.
Rev.
Stat.
ch.
111
112,
para.
l042(b)(4), 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.OO).
Additionally, should
Respondents 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, 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
August 1~1994
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.
—3—
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;
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 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;
—4--
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.
?“70~
/1.
G~
Mary
A.
Gade,
Director
.~4
~
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:__________________
dl s/87lw/28—32
—5—
_
rV~b~1
REMITTANCE
FORM
291994
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
POLLUflONCONTROLBOA
Comp1
a i nant,
)
5
gi
v.
)
EPA 352—94—AC
)
HAYNE D. ALBERTS AND SHARON J. ALBERTS,
)
)
Respondent.
)
FACILITY:
Atlanta/Alberts
SITE
CODE
NO.:
1078010002
COUNTY:
Logan
County
CIVIL
PENALTY:
$1,000.00
DATE
OF
INSPECTION
:
May 2,
1994
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 mall,
along with Remittance Form,
to Illinois Environmental Protection
Agency, Attn.: Fiscal
Services, 2200 Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois 62794—9276.
dl s/87lw/33