ILLINOIS POLLUTION CONTROL BOARD
March
7,
1996
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
)
v.
)
AC 96-33
)
(IEPA No. 902-95-AC)
STANLEY THOMPSON,
)
(Administrative Citation)
)
Respondent.
)
)
ORDER OF THE BOARD:
This matter comes before the Board upon the January
12,
1996 filing ofan
Administrative Citation pursuant to Section
31.1 ofthe Environmental Protection Act (Act) by
the Illinois Environmental Protection Agency (Agency).
A copy ofthat Administrative Citation
is attached hereto but will not be printed in the Board’s opinion volumes.
Service ofthe
Administrative Citation was made upon Stanley
Thompson
(Thompson) on January
11,
1996.
The Agency
alleges that on November 20,
1995 Thompson, present owner and/or operator ofa
facility located in Kendall County and commonly known to the Agency as Stanley
Thompson
property, violated Section
21@)(1) ofthe Act.
The statutory penalty established forthis
violation is $500.00 pursuant to Section 42(b)(4) ofthe Act.
Thompson has not filed a Petition for Review with the Clerk ofthe Board within 35 days
ofthe date of service
as allowed by Section
31.1 (d)(2) ofthe Act.
Therefore, pursuant to Section
31.1 (d)(l), the Board finds that Thompson has violated the provisions 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 ofthe date
ofthis order Thompson 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
2.
Respondent shall include the remittance form and write the case name and number and his
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) ofthe Act.
4.
Payment ofthis penalty does not prevent future prosecution if the violation continues.
IT IS SO ORDERED.
Section
41 ofthe Act
(415
ILCS
5/41
(1994)) provides for the appeal of final Board
orders within 35 days of the date ofservice ofthis order.
The Rules ofthe Supreme Court of
Illinois establish filing requirements.
(See also 35 Ill.Adm.Code
101.246 “Motions for
Reconsideration.”)
I, Dorothy M. Gunn, Clerk ofjhe
Illinois Pollution Control Board, hereby certify that the
above order was adopted on
the ~
day of
~
,
1996, by a vote of
7-~
)2~.
~
Dorothy M. Gi4h,
Clerk
Illinois Polluti~fiControl Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
3
AC___________
)
(IEPA No.902-95-AC)
v.
)
)
STANLEY THOMPSON,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant
to authority vested
in
the Illinois Environmental
Protection Agency by 415
ILCS 5/31.1,
(1992).
FACTS
1.
That Respondent
Stanley Thompson
is the present owner and/or
operator of a facility located in the County of Kendall,
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. 0930100001.
Said facility is coninonly known to the Agency as Stanley
Thompson Property.
3.
That Respondent has owned and/or operated said facility
at all
times pertinent hereto.
4.
That on November 20,
1995,
Mark Retzlaff,
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 Mark Retzlaff,
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 November 20,
1995 an on—site inspection of said facility
disclosed
the following:
(1)
Causing or allowing litter in violation of 415
ILCS 5121(p) (1),
(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 Five Hundred Dollars ($500.00)
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 aq 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 abovd shall
be due and payable no later than
February 21,
1996
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 an~
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,
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
-3—
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.
7~4~
A.
6~&
Mary A. G~e,Director
—
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:
/_v/..9~
~O~c1w~Open
-4-
REMITTANCE FORM
ILL.f’~U~T.SENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
3
V.
)
EPA 902-95-AC
)
STANLEY THOMPSON,
)
)
Respondent.
)
FACILIT:
Thompson Property
SITE CODE NO.: 0930100001
COUNTY:
Kendall
CIVIL
PENALTY:
$
500.00
DATE OF INSPECTION:
November 20,
1995
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-