BEFORE THE
    ILLINOIS POLLUTION
    CONTROL BOARD
    CLERR’S OFF~CF
    ADMINISTRATIVE CITATION
    JUN
    2
    62003
    STATE
    OF ILLINOIS
    ILLINOIS
    ENVIRONMENTAL
    )
    Pollution
    Control Board
    PROTECTION AGENCY,
    )
    Complainant,
    )
    AC
    )
    v.
    )
    (IEPA No. 343-03-AC)
    )
    DENNY D.RICHEY,
    Respondent.
    JURISDICTION
    This
    Administrative
    Citation
    is
    issued
    pursuant
    to
    the
    authority
    vested
    in
    the
    Illinois
    Environmental Protection Agency by Section 31.1
    of the Illinois Environmental Protection Act, 415
    ILCS 5/31.1
    (2002).
    FACTS
    1.
    That Denny D. Richey isthe present ownerand operatorof a facility located at 21285
    North 2l80~~
    Street,
    Marshall, McKeen
    County,
    Illinois.
    The property is commonly known
    to the
    Illinois
    Environmental Protection
    Agency as McKeen/Richey,
    Denny.
    2.
    That
    said
    facility
    is
    an
    open
    dump
    operating
    without
    an
    Illinois
    Environmental
    Protection Agency Operating
    Permit and
    is designated with Site Code No. 0238165002.
    3.
    That Respondent has owned and operated said facility at alttrrnes pertinenttiereto.
    4.
    That on April 29, 2003 Curt White of the Illinois Environmental Protection Agency’s
    Champaign Regional Office inspected the above-described facility.
    A copy of his inspection report
    setting forth the results of said inspection
    is attached hereto and made a part hereof.
    VIOLATIONS
    Based upon direct observations made by CurtWhite during the course of his April 29, 2003
    inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
    that
    Respondent has
    violated the Illinois Environmental Protection Act (hereinafter, the “Act~’)
    as
    follows:
    (1)
    That
    Respondent
    caused or allowed
    the open
    dumping
    of
    waste
    in
    a
    manner
    resulting
    in
    litter,
    a
    violation
    of Section
    21(p)(1) of the Act, 415
    ILCS
    5/21(p)(1)
    (2002).
    CIVIL PENALTY
    Pursuant to
    Section 42(b)(4-5)
    of the Act, 415 ILCS
    5/42(b)(4-5)
    (2002),
    Respondent is
    subject
    to
    a
    civil
    penalty of
    One Thousand
    Five
    Hundred
    Dollars
    ($1,500.00) for
    each
    of the
    violations
    identified
    above, for
    a total
    of
    One Thousand
    Five
    Hundred
    Dollars
    ($1,500.00).
    If
    Respondent elects
    not
    to
    petition
    the
    Illinois
    Pollution
    Control
    Board, the statutory
    civil penalty
    specified above shall be due and payable no laterthan July 15, 2003, unless otherwise provided by
    order of the Illinois Pollution Control Board.
    IfRespondent elects to contest this Administrative Citation-by petitioningthe Illinois Pollution
    Control Board in accordance with Section
    31.1 of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
    Pollution Control Board issues a finding of
    violation as alleged herein, after an adjudicatoryhearing,
    Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental
    Protection Agency and the Illinois Pollution
    Control Board.
    Those hearing costs shall be assessed
    in addition
    to the One Thousand
    Five
    Hundred
    Dollar ($1,500.00) statutory civil penalty for each
    violation.
    2
    Pursuant to Section
    31.1 (d)(1) of theAct, 415 ILCS 5/31 .1(d)(1) (2002), if Respondent fails
    to petition orelect not to petition the Illihois Pollution Control Board for review of this Administrative
    Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
    adopt
    a final
    order,
    which
    shall include
    this Administrative Citation
    and
    findings of violation
    as
    alleged herein, and shall impose the statutory civil penalty specified above.
    When
    payment
    is
    made,
    Respondent’s
    check
    shall
    be
    made
    payable
    to
    the
    Illinois
    Environmental
    Protection
    Trust
    Fund
    and
    mailed
    to
    the
    attention
    of
    Fiscal
    Services,
    Illinois
    Environmental Protection Agency,
    1021
    North
    Grand Avenue East, P.O.
    Box 19276, Springfield,
    Illinois
    62794-9276.
    Along with
    payment,
    Respondent shall
    complete and
    return
    the enclosed
    Remittance Form to
    ensure proper documentation of payment.
    If any civil penalty and/or hearing costs are not paid within the time prescribed byorder ofthe
    Illinois
    Pollution
    Control Board, interest
    on
    said
    penalty and/or hearing
    costs
    shall be assessed
    against the Respondent from the date payment is due up to and including the date that payment is
    received.
    The Office of
    the Illinois
    Attorney General
    may
    be
    requested
    to
    initiate proceedings
    against Respondent
    in Circuit Court to collect said penaltyand/or hearing costs, plus any interest
    accrued.
    3
    PROCEDURE
    FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    Respondent
    has
    the
    right
    to
    contest
    this
    Administrative
    Citation
    pursuant
    to
    and
    in
    accordance with Section 31.1
    of the Act, 415
    I LCS 5/31/1
    (2002).
    If Respondent elects to
    contest
    this Administrative Citation, then
    Respondent shall file a Petition for Review, including a Notice of
    Filing,
    Certificate of Service, and Notice of Appearance, with the Clerkof the Illinois Pollution Control
    Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois 60601.
    A copy of
    said Petition for Review shall be filed with the Illinois Environmental Protection Agency’s Division of
    Legal Counsel at 1021 North
    Grand Avenue East, P.O.
    Box 19276, Springfield, Illinois 62794-9276.
    Section 31.1
    of the Act provides that any Petition for Review shall be filed within thirty-five (35) days
    of the date of service of this Administrative Citation orthe Illinois Pollution Control Board shall enter
    a default judgment againstthe Respondent.
    ~
    Date:
    ~/~J
    0)
    Renee Cipriano,
    Dire
    or
    (
    /
    Illinois Environmental Protection Agency
    Prepared
    by:
    Michelle M. Ryan,
    Assistant Counsel
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield,
    Illinois 62794-9276
    (217) 782-5544
    4
    REC~VED
    CLERK’S
    OFFICE
    REMITTANCE
    FORM
    JUN
    2
    62003
    STATE OF ILLINOIS
    Pollution Control Board
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    Complainant,
    )
    AC
    ~
    )
    v.
    )
    (IEPA No. 343-03-AC)
    )
    DENNYD.RICHEY,
    )
    )
    Respondent.
    )
    FACILITY:
    McKeen/Richey, Denny
    SITE CODE
    NO.:
    0238165002
    COUNTY:
    McKeen
    CIVIL PENALTY:
    $1,500.00
    DATE OF INSPECTION:
    April 29, 2003.
    DATE REMITTED:
    SS/FEIN NUMBER:
    SIGNATURE:
    NO FE
    Please
    enter the
    date
    of your
    remittance, your Scc~aISecurity number (SS)
    if
    an
    individual or
    Federal EmployerIdentification 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,
    P.O. Box 19276, Springfield,
    Illinois
    62794-9276.
    5
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    AFFIDAVIT
    iN THE MATTER OF:
    )
    )
    )
    b~-~-~~i
    b
    .
    )
    IEPADOCKETNO.
    ~3’43-O3-4~
    )
    )
    )
    )
    Respondent
    )
    Affiant, Curt White, being first duly sworn, voluntarily deposes and states as follows:
    1.
    Affiant is
    a field inspector employed
    by the
    Land Pollution
    Control Division of the
    Illinois Environmental Protection Agency and has been so employed at all, times pertinent
    hereto.
    2.
    On April 29, 2003, between 12:30 P.M.
    and
    1:10 P.M., Affiant conducted an
    inspection ofthe site in Clark County, Illinois, known as the McKeen / Richey, Denny
    site, Illinois Environmental Protection Agency Site No. 0238165002.
    3.
    Affiant inspected said Richey, Dennysite by an on-site inspection, which included
    walking the
    site.
    4.
    As
    a result of the activities
    referred
    to
    in Paragraph
    3
    above, Afflant completed the
    Inspection Reportform attached hereto and madea parthereof, which, to thebest ofAffiant’s
    knowledge and belief,
    is an
    accurate representation ofAffiant’s
    observations and factual
    conclusions with respect to the Richey, Denny site.
    Subscribed and Sworn to before me
    this
    Jc~
    day of__________
    \T~ot~Public~

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