ILLINOIS POLLUTION CONTROL BOARD
August
3,
1995
WILL
COUNTY,
)
)
Complainant,
)
v.
)
AC 95—46
)
(County No.
95 AC 08)
WILLIAM MINTZ,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 19,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by Will County.
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 William Mintz on June
16,
1995.
Will County alleges that on Nay
17, 1995, William
Nintz, present owner and/or operator of a facility located in
Will County and commonly known to the County as Frankfort
TWP./RWS Development Corporation, 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.
William Mintz 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 William Nintz has
violated the provision alleged in the Administrative Citation.
Since there is
(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 William Mintz
shall, by certified check or money Order payable to the Will
County Treasurer,
pay a penalty in the amount of $500.00,
which is to be sent to:
Frank Kalisik, Waste Services Analyst
The Will County Land Use Department
Solid Waste Division
501 Ella Avenue
Joliet, Illinois 60433
2. Respondent shall include the remittance form and write the
case name and number and his social security or federal
Employer Identification Number on the certified check or money
order.
2
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.
IT IS SO ORDERED.
Board Member J. Theodore Meyer concurred.
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.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,~herebycertify th~tthe above order was adopted on the
~‘~*
day of
~e.-tL-.z-/
,
1995,
by a vote of
Control Board
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
OARD
STATE
OF
ILLINOIS
S1A1~
OF
WNOIS~)fl1
IIO~~CONT~’
COUNTY OF WILL
ADMINISTRATIVE CITATION
COUNTY OF WILL
)
Complainant,
AC
v.
)
WILLIAM MINTZ
)
WC 95 AC
8
)
Respondent.
)
)
JURISDICTION
This Administrative Citation is issued pursuant to the
authority vested
in
the
Illinois
Environmental
Protection
Agency by Public Act 84-1320
(415 ILCS 5/31.1
(1992)),
and
delegated to Will County pursuant to 415 ILCS 5/4(r) (1992).
FACTS
1.
That Respondent, William Mintz, is the present owner
and/or operator of a facility located in the County of Will,
State of Illinois.
2.
That said site is an open dump, operating without an
Illinois Environmental Protection Agency Operating Permit, and
designated with Site Code No.
1970400010.
Said facility is
commonly known to the Agency as
FRANKPORT
TWP./RWS DEVELOPMENT
CORPORATION.
3.
That
Respondent
has
owned
and/or
operated
said
facility at all times pertinent hereto.
The site owned by
respondents
is
known by Will
County Property Index
Number
(P.I.N.) 09—14—401—001.
4.
That on May 17, 1995, Frank Kalisik of the County of
Will, inspected the above-described open dump site.
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 Frank Kalisik, the
County of Will 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 May 17, 1995, an on—site inspection of said
facility disclosed the following:
~
Causing or allowing litter
(Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1021(p) (1)
formerly
1021(q) (1))
—
Causing or allowing scavenging operations (Ill.
Rev.
Stat.
1991,
ch.
111 1/2,
par.
1021(p) (2)
formerly
1021(q) (2)
3).
—
Causing or allowing open burning (Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1021(p)(3)
(formerly 1021(q) (3)).
—
Causing or allowing the deposition of waste in
2
standing or flowing waters
(Ill.
Rev.
Stat.
ch.
111
1/2,
par
1021(p) (4)
formerly
1021(q) (4)).
—
Causing or allowing proliferation of disease
vectors
(Ill.
Rev.
Stat.
1991,
cli.
111
1/2,
par. 1021(p)(5)
formerly
1021(q) (5)).
—
Causing or allowing the generation of standing
or flowing liquid discharge from the open dump
site
(Ill.
Rev.
Stat.
1991,
ch.
11.
1/2, par.
lO2l(p)(6)
formerly
1021(q) (6)).
CIVIL
PENALTY
Pursuant to
Ill.
Rev.
Stat.
1991,
ch.
Ill
1/2,
par.
1042(b) (4), Respondent herein is subject to
a civil
penalty
of
Five
Hundred
Dollars
($500.00)
for each violation specified
above
in
Paragraph
one,
for
a
total
of
$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 violation alleged herein,
after an adjudicatory hearing, Respondent shall be assessed
the associated hearing costs
incurred by the County of Will
and the Illinois Pollution Control Board Pollution Control
Board,
in
addition
to
the
Five
Hundred
Dollar
($500.00)
statutory penalty for each finding of violation.
If you acknowledge the violation cited hereinabove,
the
civil
penalty specified above
shall
be due and payable no
later
than
July
21,
1995.
If
you do
not
petition
the
3
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 County of Will and mailed to:
The Will County Land Use
Department,
Solid Waste Division, Attention: Frank Kalisik,
Waste
Services Analyst,
501 Ella Avenue,
Joliet,
Illinois
60433.
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 State’s Attorney of Will County 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
County of Will, and Illinois Pollution Control Board, if any,
the State’s Attorney’s Office will seek to recover their costs
of litigation.
4
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE
CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
~,
Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1031.1.
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 Will County State’s Attorney,
Attention:
Cynthia Campbell at 14 West Jefferson Street, Room
200, Joliet, Illinois 60431.
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 Will County State’s
Attorney,
Attention:
Cynthia
Campbell,
14
West
Jefferson
Street, Room 200,
Joliet,
Illinois 60431.
James W. Glasgow
State’s Attorney
Will County, Illinois
By:
CYNTHIA S. CAMPBELL
Assistant State’s Attorney
Date:
June 14,
1995
5
REMITTANCE
FORM
PEOPLE
OF THE COUNTY OF
WILL
)
Complainant,
)
AC 95
v.
)
)
WILLIAM MINTZ
)
WC 95
AC
8
)
Respondent.
FACILITY:
RWS DEV.
CORP.
SITE CODE NO.:
1970400010
COUNTY:
WILL
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
MAY
17,
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.
Be sure your check is enclosed
and mail, along with Remittance Form, to the Will County Land
Use Department, Waste Services
Division, Attention:
Frank
Kalisik,
Waste
Services Analyst,
501
Ella Avenue,
Joliet,
Illinois 60433.