ILLINOIS POLLUTION CONTROL BOARD

September 15,

1994

SANGANON COUNTY,

Complainant,

)

V.

)

AC 94—63

(SCDPH—94—AC—21)

(Administrative Citation)

HALVERSON CONSTRUCTION

)

COMPANY,

INC.,

)

Respondent.

ORDER OF THE BOARD

(by C.

A. Manning):

This matter comes before the Board upon the July 26,

1994

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by Sangamon

County.

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 Halverson

Construction Company,

Inc. on July 25,

1994.

The County alleges

that on June 28,

1994, Halverson Construction Company,

Inc.,

present owner and/or operator of a facility located in Sangamon

County and commonly known to the County as Auburn Twp./Halverson

Construction, violated Sections 21(p) (1),

21(p) (3) and 21(p) (4)

of the Act.

The statutory penalty established for each violation

is $500.00 pursuant to Section 42(b) (4)

of the Act.

Halverson Construction Company,

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.

However, on September 9,

1994, the parties filed a stipulation

agreement. In this agreement the County agrees to dismiss the

Section 21(p) (1)

litter violation. The respondent admits to both

Section 21(p) (3) open burning violation and Section 21(p) (4) the

causing or allowing the deposition of waste in standing or

flowing water and agrees to pay a $1,000.00 penalty by September

20, 1994.

The Board accordingly dismisses the litter violation.

Therefore, pursuant to Section 31.1(d) (1), the Board finds that

Halverson Construction Company,

Inc., has violated the provision

alleged in the Administrative Citation as amended by the

September 9,

1994 stipulation.

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 Denalty has already been

paid, within 30 days of the date of this order Halverson

Construction Company,

Inc. shall, by certified check or money

order payable to the Sangamon County Department of Public

Health, pay a penalty in the amount of $1,000.00, which is to

---

2

be sent to:

James D.

Stone, Director

Sangamon County Department of Public Health

200 South Ninth Street, Room 301

Springfield, Illinois 62701

2. Respondent 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.

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 M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif~that~theabove order was adopted on the

/~5

~-

day of

~

-7-~L~&J

,

1994, by a vote of

_______

1/

Dorothy M. Gu~r~i,Clerk

Illinois PolX)~itionControl Board

---

I

t:L~~VLL)

I

JUL2G1~4

I

TE O~

I

BEFORE THE ILLINOIS POLLUTION

CONTROL 1~QM~L~

~

ADMINISTRATIVE

CITATION

SANGAMON

COUNTY,

)

Complainant,

)

AC

9c~/

~~

~—

)

Administrative

Citation

-vs-

)

SCDPH-94-AC-21

)

HALVERSON CONSTRUCTION

)

COMPANY,

INC.,

)

)

Respondent.

JURISDICTION

This

Administrative Citation is issued pursuant

to authority vested

in the

Illinois

Enviromnental Protection

Agency by

415

ILCS

5/31.1

(1993),

and delegated to Sangamon

County pursuant to

415

ILCS

5/4 (r)

(1993).

FACTS

1.

That the Respondent,

Halverson Construction

Company,

Inc.,

is

the present

operator of a facility

located

in the

County of Sangamon,

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.

1678000008.

Said

facility

is commonly known

to

the Agency as

Auburn Twp.fHalverson Construction.

3.

That

the Respondent,

Halverson Construction

Company, Inc.,

has operated said

facility, at all

times

pertinent hereto.

4.

That on June 28,

1994,

Brian Wood,

Solid Waste Specialist with the Sangamon

County

Department of Public

Health,

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 the direct observations of Brian

Wood,

Sangamon County

has

determined

that the Respondent

has

caused or allowed

open dumping

at

the above-described

facility

in

a manner

which resulted

in

the following occurrences:

A.

That on

June 28,

1994,

an

on-site

inspection of said facility disclosed the

following:

Causing or allowing litter

(415

ILCS

5/21

(p)

(1)

(1993));

Causing or allowing open

burning

(415

ILCS

5/21

(p) (3)

(1993));

and

Causing or allowing the

deposition

of waste

in

standing

or

flowing

water

(415

LLCS

5/21

(p)

(4)

(1993)).

CIVIL PENALTY

Pursuant to 415

ILCS 5/42

(b)

(4)

(1993),

the Respondent herein

is subject to a civil

penalty of five hundred dollars

($500.00) for each violation specified above in Paragraph A

and

subpaparagraphs hereunder,

for a total of

$1,500.00.

Additionally, should the Respondent 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,

the

Respondent shall be

assessed the associated

hearing costs

incurred by

Sangamon County 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

thirty

five

(35) days from

the date of service of this

Administrative

Citation.

If you

do not petition the Illinois Pollution

Control Board

for review

of this Administrative

Citation within

the

thirty

five

(35)

days,

or if you elect

to

contest this

Administrative

Citation,

any judgment

rendered against you shall specify the due date of the

statuatory civil

penalty

and any

costs

assessed

against you.

When

payment

is made,

your check

should

be

made

payable

to the Sangamon County

Department of Public Health and mailed

to the attention of James D.

Stone, Director, 200 South

Ninth Street,

Room 301, Springfield,

Illinois,

62701.

Also,

please complete and return

the

enclosed

Remittance Form

to

assure proper documentation of your 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 shall

be assessed

for

the period

from the

date payment was

due until the date payment

was

received.

If any civil

penalty,

by

reason of

acknowledgement, default,

or finding after

adjudicatory hearing,

is not paid

when

due,

either

the Office of the Illinois Attorney General or the Office of the Sangamon County State’s

Attorney 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 Sangamon

County and the Illinois Pollution Control Board,

if any,

either the Attorney General’s Office or

the

State’s Attorney’s Office

shall seek

to

recover their costs of litigation.

---

PROCEDURE

FOR

CONTESTING THIS

ADMINISTRATIVE

CITATION

You have the right

to

contest

this Administrative

Citation.

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 Sangamon

County Department of Public Health.

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 must be

filed with the Clerk

of the Illinois Pollution Control Board at

the State of Illinois Center,

100 West Randolph Street,

Suite

11-500,

Chicago,

Illinois,

60601,

and a copy of said

Petition

for

Review filed with

the

Sangamon County Department of Public Health, 200 South Ninth Street, Room 301, Springfield,

Illinois, 62701.

The procedure for filing a Petition for Review can be found in 415

ILCS 5/31.1

(1993), and

Part

101

of Title 35

of the

Illinois Administrative

Code.

Date:

July 22,

1994

James D.

Stone,

Director

SANGAMON

COUNTY

DEPARTMENT

OF

UBLIC

HEALTH

BY:/t~’~1~

Robert L.

Smith

Prepared

by:

Robert

L.

Smith

Assistant State’s Attorney

Sangamon County

State’s

Attorney’s Office

200 South

Ninth Street,

Room 402

Springfield, IL

62701

(217)

753-6690

JDS/RLS/AA/BW/JF:vah

---

REMITTANCE

FORM

SANGAMON COUNTY

)

Complainant,

)

AC

)

Adminsitrative Citation

-vs-

)

SCDPH-94-AC-21

)

HALVERSON

CONSTRUCTION

)

COMPANY, iNC.,

)

)

Respondent.

FACILITY:

AUBURN

TWP./HALVERSON

SITE

CODE:

1678000008

CONSTRUCTION

COUNTY:

SANGAMON

CIVIL

PENALTY:

$1,500.00

DATE

OF

INSPECTION:

June 28,

1994

DATE

REMITTED:

___________________

S.S.#/F.E.LN.:

___________________________

SIGNATURE:

___________________

NOTE

Please

enter

the

date of your remittance,

your social

security

number

(S.S.#) if an

individual,

or your Federal Employer Identification Number

(F.E.LN.)

if a

corporation,

and

sign

this

Remittance

Form.

Be

sure that your check

is enclosed

and

mail

with this form to James D.

Stone, Director, Sangamon County Department of Public Health, 200 South

Ninth

Street, Room

301,

Springfield,

Illinois,

62701.

JDS:vh