RECEIVE~
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
282003
ADMINISTRATIVE CITATION
Pollution Control Boci
rd
COUNTY OF SANGAMON,
)
)
Complainant,
)
)
AC________
v.
)
ADMINISTRATIVE CITATION
)
SCDPH 03-AC--2
William McGlauchlen,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section
31.1 ofthe Illinois Environmental Protection Act
(“Act’),
415
ILCS
5/31.1,
(2000) and
delegated to the County ofSangamon pursuant to
Section
4(r) ofthe Act, 415
ILCS 5/4(r)
(2000).
FACTS
1.
That William McGlauchlen (“Respondent”) is the owner and operator ofa facility
located at
1616 North Dirksen Parkway, Springfield, Sángamon County, Illinois, operating under
the name ofThe Cove.
2.
That said property is
an open dump operating without an Illinois Environmental
Protection Agency (“IEPA”) Operating Permit and is designated with IEPA Land Pollution
Control #1678225041.
3.
That Respondent has owned and operated said facility at all times pertinent
hereto.
—1—
THIS FILING IS SUBMITTED ON RECYCLED PAPER
4.
That on July 3, 2003, Rochelle Gillespie and Kelly Buchholz ofthe
Sangamon County Department ofPublic Health (“SCDPH”) inspected the above-described
property.
A copy oftheir inspection report setting forth the results ofsaid inspection is attached
hereto and made a part hereof.
VIOLATIONS
Based upon direct observations made by Rochelle Gillespie and Kelly Buchholz during
the course oftheir July 3, 2003
inspection ofthe property, the County ofSangamon has
determined that Respondent has violated the Act as follows:
1.
That Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, a violation ofSection 2lQ~)(l)ofthe Act, 415 ILCS
5/21(p)(l)
(2002); and
2.
That Respondent caused or allowed the open dumping of waste in
a manner
resulting in open burning, a violation ofSection 2l(~p)(3)ofthe Act, 415 ILCS
5/21QD)(3)
(2002).
CIVIL PENALTY
Pursuant to Section
42(b)(4-5)
ofthe Act, 415
ILCS
5/42(b)(4-5)
(2002), Respondent is
subject to
a civil penalty ofOne Thousand Five Hundred Dollars
($1,500.00) for each ofthe
violations identified above, for a total ofThree Thousand Dollars
($3,000.00).
IfRespondent
elects not to petition the Illinois Pollution Control Board, the statutory civil penalty specified
above shall be due and payable no later than September
8, 2003, unless otherwise provided by
order of the Illinois Pollution
Control Board.
-2-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
IfRespondent elects to contest this Administrative Citation by petitioning the Illinois
Pollution Control Board in accordance with Section
31.1 ofthe Act, 415 ILCS
5/31.1
(2003), and
if the Illinois Pollution Control Board issues a finding ofviolation as alleged herein, after an
adjudicatoryhearing, Respondent shall be assessed the associated hearing costs incurred by the
County of Sangamon 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.
Pursuant to
Section 31.1(d)(1) ofthe Act, 415 ILCS
5/31.1(d)(1)
(2002), if Respondent
fails to petition or elects not to petition the Illinois Pollution Control Board for review ofthis
Administrative Citation within thirty-five
(35)
days of the date ofservice, the Illinois Pollution
Control Board shall adopt a final order, which shall include this Administrative Citation and
findings ofviolation as alleged herein, and shall impose the statutory civil penalty specified
above.
Whenpayment is made, Respondent’s check shall be made payable to the Sangamon
County Department ofPublic Health and mailed to the attention ofJames D. Stone, Director of
the Sangamon County Department ofPublic Health, 2501 North Dirksen Parkway, Springfield,
Illinois 62702.
Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment. Ifany civil penalty andlor hearing
costs are not paid within the time prescribed by order ofthe Illinois Pollution
Control Board,
interest on said penalty and/or hearing costs shall be assessed against Respondent from the date
-3-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
payment is due up
to and including the date that payment is received.
The State’s Attorney of
Sangamon County may be requested to initiate proceedings against Respondent in Circuit Court
to collect said penalty and/or hearing costs, plus any interest accrued.
In addition to the
previously assessed civil penalty and/or hearing costs and/or interest, the State’s Attorney of
Sangamon County will seek to recoverhis costs oflitigation.
PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31.1 ofthe Act, 415
ILCS 5/31.1(2002).
IfRespondent elects to
contest this Administrative Citation, then Respondent shall file a Petition for Review with the
Clerk ofthe Illinois Pollution Control Board,
100 West Randolph Street, Suite 11-500, Chicago,
Illinois
60601.
A copy ofsaid Petition for Review shall be filed with the Sangamon County
State’s Attorney, Attention:
Sheri L.
Carey, 2501
North Dirksen Parkway, Springfield,
Illinois
62702.
Section 31.1 ofthe Act, 415 ILCS
5/31.1(2002), provides that any Petition for
Review shall be filed within thirty-five
(35)
days ofthe date ofservice ofthis Administrative
Citation or the Illinois Pollution Control Board shall enter a default judgment against
Respondent.
-
4-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
_________________
Date:______
D.
Stone, M.A.
“
(Di~rector
Sangamon County Department ofPublic Health
BY:
_________________
Sheri L.
Carey
Assistant State’s Attorney
Prepared by:
Sheri L.
Carey
Assistant State’s Attorney
Sangamon County
2501
North Dirksen Parkway
(217) 535-3100
-5-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CLFJ~K’g
OFFrCr
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
2
8
2003
ADMINISTRATIVE CITATION
STATE
OF ILLINOIS
Pollution
Control Board
COUNTY
OF
SANGAMON,
)
)
Complainant,
)
,(..c
-~
AC________________
v.
)
ADMINISTRATIVE
CITATION
)
SCDPH 03-AC-i
William McGlauchlen,
)
)
Respondent.
)
AFFIDAVIT
Affiant, Rochelle Gillespie, being first duly sworn, voluntarily deposes and states
as
follows:
1.
That Affiant is a solid waste inspector employed by the Sangamon County
Department ofPublic Health and certified by the Illinois
Environmental Protection Agency and
has been so employed and certified at all times pertinent hereto.
2.
That on July
3, 2003, Affiant conducted an inspection ofproperty located at
1616 N. Dirksen Parkway, located in Sangamon County, Illinois.
3.
Affiant inspected
said property by an inspection which included walking on
property adjacent to it and photographing the property.
4.
As a result ofthe action referred to in Paragraph
3
above, Affiant completed the
inspection report attached hereto and made a part hereof, which,
to the best ofAffiant’s
-7-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
knowledge and belief, is an accurate representation ofAffiant’ s observations and factual
conclusions with respect to
the facility.
~ç~Qt~g
GDuJJ2~J~
Rochelle Gillespie
Subscribed and sworn to before me this
________
day ofJuly, 2003.
OFFICIAL
SEAL
JO ANN
LABRIER
_____________________________
MYCOMM~ONEXP~ES6~3f~2UO7e
Notary Public
-8-
THIS FILING IS SUBMITTED ON RECYCLED PAPER