ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1994
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    V.
    )
    AC 94—17
    )
    (IEPA No. 85-94-AC)
    (Administrative Citation)
    JOHN ALLSOP,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a March 28,
    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 John Ailsop on March 25,
    1994.
    The Agency alleges that on January 24,
    1994, John Alisop,
    present owner and/or operator of a facility located in Logan
    County and commonly
    known
    to the Agency as Mt. Pulaski/Alisop,
    violated Section 21(p)
    (1)
    of the Act.
    The statutory penalty
    established for this violation is $500.00 pursuant to Section
    42(b)(4) of the Act.
    John Alisop 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 John Ailsop, has
    violated the provision alleged in the Administrative Citation.
    Since there is one
    (1) such violation, the total penalty to be
    imposed is set at $500.00.
    1.
    It is hereby ordered that,
    unless the penalty has already been
    paid, within 30 days of the date of this order John Alisop
    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,
    P.
    0. Box 19276
    Springfield, Illinois 62794—9276
    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
    2
    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
    Board, hereby certify
    t the above order was adopted on the
    _______
    day of
    ,
    1994, by a vote of
    -0•
    Dorothy N
    unn, Clerk
    Illinois P liution Control Board
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARL~
    MAR 281994
    ADMINISTRATIVE CITATION
    I
    ~iA~E
    o~
    WNCIS
    ~J1i~NiCC)N~
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    AC______________
    v.
    )
    (IEPA
    No. 85—94—AC)
    )
    JOHN ALLSOP,
    )
    )
    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 Respondent
    is
    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.
    1078030001.
    Said facility
    is commonly known to the Agency as Mt.
    Pulaski /Al isop.
    3.
    That Respondent has owned and/or operated said facility at all
    times
    pertinent hereto.
    4.
    That on January 24,
    1994,
    Bill Wallenbach, 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 Bill Mallenbach,
    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 January 24,
    1994 an on—site inspection of said facility
    disclosed the following:
    (1)
    Causing or allowing litter
    in violation of 415 ILCS 5/2l(p)(l),
    1992;
    Ill.
    Rev. Stat.
    ch.
    111
    1/2,
    para.
    1021(p)(l).
    CIVIL PENALTY
    Pursuant to 415 ILCS 5/42(b),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1042(b)(4), Respondent herein
    is subject to a civil
    penalty of Five Hundred
    Dollars ($500.00) for each violation specified above
    in Paragraphs A, for a
    total of Five Hundred Dollars ($500.00).
    Additionally, should 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, 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.
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty
    specified above
    shall
    be due and payable no later than May 5,
    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
    —2—
    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.
    Nhen 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. 5~415
    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
    —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 !1iu~t 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.
    ~
    A.
    Gb~Q~
    Mary A. Gade,
    Director
    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:
    March 22,
    1994
    dks/297w, 65—68
    —4—
    R~MI
    TTAN~~j0RF1
    MAR
    2 8
    1994
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    POLLU11ON CONTPOL
    BOARD
    Comp 1 a i nan t,
    )
    ~
    /7
    v.
    )
    EPA 85—94—AC
    )
    JOHN ALLSOP,
    )
    )
    Respondent.
    )
    FACILITY:
    Mt. Pulaskl/Allsop
    SITE CODE NO.:
    1078030001
    COUNTY:
    Logan
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    January 24,
    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.
    dks/297w,
    69

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