ILLINOIS POLLUTION CONTROL BOARD

January

18,

1996

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

v.

)

AC 96—27

)

(IEPA No. 708-95-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 December 5,

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 30,

1995.

The Agency

alleges that on October

5,

1995, Vaughn, present owner and/or

operator of a facility located in Williamson County and commonly

known to the Agency as Pittsburg/Linda McIntosh, 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.

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

are

(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 Vaughn 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:

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 social security or federal

Employer Identification Numbers on the certified chcck 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.

Adin. Code 101.246,

Motions for Reconsideration.)

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution Control

Boar~,,~flerebycertify

~t1u1at

the above order was adopted on the

/V”-’~

day of

,

1996, by a vote of

7—c’

*

/

Dorothy M.,4unn, Clerk

Illinois ~Øl1ution Control Board

---

I

RECEIVED

I

CLERK’S OFFICE

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

I

I

DEC-51995

ADMINISTRATIVE

CITATION

I

I

STATE OF ILLINOtS

~~LUTION

CONTROL BOARD

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

AC

I~’2T7

(IEPA

No.708-95-AC)

V.

RICHARD

VAUGHN

d/b/a

RICHARD’S

TIRE

HAULING

)

)

Respondent.

)

JURISDICTION

This Admlnistrative 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

Williamson, 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.

1998530007.

Said facility is comonly known to the Agency as

Pittsburg/Linda McIntosh.

3.

That Respondent has owned and/or operated said facility

at

all

times pertinent hereto.

4.

That on October 5,

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:

That on October 5,

1995 an on-site inspection of said facility

the following:

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

(1992).

(2)

Causing or allowing open burning

in

violatthn of 415 ILCS

5/2l(p)(3),

(1992).

CIVIL PENALTY

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 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

January 8, 1996

A.

disclosed

(1)

-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.

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,

-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

~

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.

?YL~

A

(;GJ.~

Mary

A.

Gade,

Director

k~

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:

—

i112

BD:t1m\Op~n

-4-

---

REMITTANCE

FORM

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

RICHARD

VAUGHN

d/b/a

RICHARD’S

TIRE

HAULING

Respondent.

FACILITY:

Pittsburg/Linda

MUntosh

COUNTY:

Williamson

DATE

OF

INSPECTION:

October

5,

1995

DATE

REMITTED:

T~c~

~k0~J/

EPA

708-95-AC

SITE

CODE

NO. :1998530007

CIVIL

PENALTY:

$

1,000.00

SS/FEIN

NUMBER:

SIGNATURE:

NQI~

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.

V.

-5-