ILLINOIS POLLUTION CONTROL BOARD
March 7,
1996
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
)
v.
)
AC 96-36
)
(IEPA No. 898-95-AC)
CHARLIE FYFFE,
)
(Administrative Citation)
)
Respondent.
)
)
ORDER OF THE BOARD:
This matter comes before the Board upon the January 29,
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 Charlie Fyffe (Fyffe) on January
17,
1996.
The Agency
alleges that on November 29,
1995, Fyffe, present owner and/or operator ofa facility located in
Wabash County and commonly known to the Agency as Mt.
Carmel/Fyffe, violated Sections
2l(p)(l) and 21(p)(3) ofthe Act.
The statutory penalty
established for each violation
is $500.00
pursuant to Section 42(b)(4) ofthe
Act.
Fyffe has not filed a petition forreview with the Clerk of the Board within 35
days ofthe
date ofservice as allowed by
Section
31.1 (d)(2) ofthe Act.
Therefore, pursuant to Section
31.1 (d)(1), the Board finds that Fyffe 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
ofthe date ofthis order Fyffe shall, by certified check or money order payable to
the Illinois Environmental
Protection Trust Fund, pay a penalty
in the amount of
$1,000.00, which is to be
sent to:
Fiscal Services
Illinois Environmental Protection Agency
2200 Churchill Road, P. 0. Box
19276
Springfield, IL
62794-9276
2
2.
Respondent shall include the remittance form and write the case name and number
and his social security or federal employer identification numbers on the certified
check or money order.
3.
Penalties unpaid afler the due date shall accrue interest pursuant to Section 42(g)
of the Act.
4.
Payment ofthis penalty does not prevent future prosecution if the violation
continues.
ITIS SO ORDERED.
Section 41
ofthe Act (415 ILCS
5/41(1994))
provides
forthe appeal offinal Board
orders within 35
days ofthe date of service ofthis order.
The Rules ofthe Supreme Court of
Illinois establish filing requirements.
(See also 35
Ill. Adm.
Code 101.246
“Motions for
Reconsideration.”)
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify that the
above order was adopted on the
?~
day of
Y7~i
~z-4~J~1
,
1996,
by a vote of
Dorothy M. G9~n,
Clerk
Illinois Pollu$’y~nControl Board
V
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
AC
~
‘~3~’
)
(IEPA No.898-95—AC)
v.
)
)
CFIARLIE FYFFE,
)
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 Charlie Fyffe
is the present owner and/or operator
of a facility located
in the County of Wabash, 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.
1858570005.
Said facility is commonly known to the Agency as Mt.
Carmel/Fyffe.
3.
That Respondent has owned and/or operated said facility at all
times pertinent hereto.
4.
That on November 29,
1995, Sheila Williams
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 Sheila Williams,
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 29,
1995 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).
(2)
Causing or allowing open burning in violation of 415 ILCS
5/21(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 or
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
1, 1996
-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 initiateproceedings
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
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.
A.
ary A. G~de,Director
4~
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: ____________________
t~D:~ m\Open
-4-
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
-
v.
)
EPA 898-95-AC
CHARLIE FYFFE,
)
Respondent.
)
FACILITY:
Mt. Carmel/Fyffe
SITE CODE NO. :1858570005
COUNTY:
Wabash
CIVIL PENALTY:
$
1,000.00
DATE OF INSPECTION:
November 29,
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-