ILLINOIS POLLUTION CONTROL BOARD

April

6,

1995

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

v.

)

 AC 95—13

)

 (IEPA No.

 94-95-AC)

)

 (Administrative Citation)

STAUNTON FUEL

&

)

MATERIAL,

 INC.,

)

Respondent.

ORDER

 THE BOARD:

This

 matter comes before the Board upon the February 7,

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 Staunton Fuel

 & Material,

Inc. on February 6,

 1995.

 The Agency alleges that on December

12,

 1994, Staunton Fuel

 & Material,

 Inc., present owner and/or

operator of a facility located in Macoupin County and commonly

known to the Agency as Staunton Fuel

 & Material,

 Inc.

 #2 violated

Sections 21(o) (3) and 21(o) (1)

 of the Act.

 The statutory penalty

established for each violation is $500.00 pursuant to Section

42(b)(4)

 of the Act.

Staunton Fuel

 & Material,

 Inc. 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 Staunton

Fuel & Material,

 Inc. has 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 penalty has alreadY been

paid, within 30 days of the date of this order Staunton Fuel

&

Material, Inc. shall, by certified check or money order

payable to the Illinois Environmental Protection Trust Fund,

pay a penalty in the amount of $1000.00, which is to be sent

to:

Fiscal Services

Illinois Environmental Protection Agency

2200 Churchill Road,

P.

 0. Box 19276

Springfield, Illinois 62794—9276

2

2. Respondent shall include the remittance form and write the

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

(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.)

I, Dorothy N.

 Gunn,

 Clerk of the Illinois Pollution Control

Board~herebycertify t atthe above order was adopted on the

 day of

 1995,

 by a vote of

7—0

Dorothy M.41Gunn, Clerk

Illinois P~llutionControl Board

RECEIVED

1

BEFORE THE ILLINOIS POLLUTION CONTROL BOA D

FEB

—

7 1995

STATE OF

 LLINOJS

ADMINISTRATIVE CITATION

POLLUI1ON CONTROL

BOARD

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

AC

_____________

)

 (IEPA No. 94-95-AC)

V.

STAUNTON FUEL & MATERIAL,

 INC.,

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to authority vested in

the Illinois Environmental

 Protection Agency by 415

 ILCS 5/31.1,

 1992;

 Iii.

Rev.

 Stat.

ch.

 111½,

 para.

 1031.1.

FACTS

1.

 That Respondent Staunton

 Fuel & Material,

 Inc.

 is the present

owner and/or operator of a facility located in the County of Macoupin, 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.

 1171050008.

 Said facility

 is comonly known to the Agency as

Staunton

 Fuel

 & Material

#2.

3.

 That Respondent has owned and/or operated

 said facility at

all

times

 pertinent hereto.

4.

 That on December

12,

 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 Respondent

 has caused or

allowed open dumping at the above-described facility in a manner which

resulted in the following occurrences:

A.

 That on December 12,

 1994 an on-site inspection of said facility

disclosed the following:

(1)

 Causing or allowing litter in violation of 415 ILCS 5/21(p) (1),

1992;

 Ill.

 Rev. Stat.

ch.

 111½,

 para.

 1021(p)(l).

(2)

 Causing or allowing open burning in violation of 415 ILCS

5/21(p)(3),

 1992;

 Ill.

 Rev. Stat.

ch.

 111½,

 para.

 102l(p)(3).

CIVIL PENALTY

Pursuant to 415 ILCS 5/42(b)(4), 1992;

 Ill.~Rev.Stat.

ch.

 111½,

 para.

1042(b)

(4),

Respondent

herein

subject

civil

penalty

Five

Hundred

Dollars

($500.00)

for

each

violation

specified

above

Paragraph

for a total

 of One Thousand Dollars ($1,000.00).

 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 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

 March

17,

1995

If you do not petition the Illinois Pollution Control Board for review of this

-2-

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

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;

 Ill.

 Rev. Stat.

ch.

 111½,

 para.

 1031.1.

 If you elect to

contest this Administrative Citation, you must

 file a Petition for Review with

—3—

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.

&o..eL

Mary A~i~e,

 Director

Illinois Environmental

 Prote tion Agency

Prepared by:

 Todd Rettig

Illinois

 Environmental

Protection Agency

2200 Churchill

 Road

P.O.

 Box 19276

Springfield, Illinois

 62794-9276

(217) 782—5544

Date: ____________________

SO: clw\Open

-4-

REMITTANCE FORM

 FE~-~i9~r5

iPOLLUT~ON CONT~’r~

~(~AI~’

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

v.

)

 EPA 94-95-AC

STAUNTON FUEL & MATERIAL,

 INC.,

)

)

Respondent.

)

FACILITY:

 Staunton Fuel

 & Material #2

 SITE CODE NO.:

1171050008

COUNTY:

 Macoupiri

 CIVIL PENALTY:

 $1,000.00

DATE OF INSPECTION:

 December

12,

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 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-