ILLINOIS POLLUTION CONTROL BOARD

January

5,

1989

IN

 THE MATTER

OF:

)

OKAW BUILDINGS,

 INC.,

)

 AC 88-100

(IEPA

 Docket

No.

 9273—AC)

Respondent.

ORDER

 OF THE BOARD:

This matter

 comes

 before

 the Board

 upon

 a November

21,

1988

filing

of

 an Administrative Citation pursuant

 to Section

 31.1

of

the

 Illinois Environmental

 Protection

Act

 (Act)

 by the

 Illinois

Environmental

 Protection

 Agency

 (Agency).

 A copy of that

Administrative Citation

is

 attached

 hereto.

 Service

 of the

Administrative Citation was made

 upon Okaw Buildings,

 Inc.

on

November

 18, 1988.

 The Agency alleges that

 Okaw Buildings,

 Inc.

has violated Section 21(q)(1)

 of the Act.

 The statutory penalty

established

 for this violation

is

 $500.00 pursuant to

 Section

42(b)(4)

 of the Act.

Okaw Buildings,

 Inc.

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 Okaw Buildings,

 Inc.

has

 violated the provision

 alleged

 in the Administrative

Citation.

 Since

 there

is

one

(1)

 such violation,

 the total

penalty to

 be imposed

is

set

at

 $500.00.

It

is

 hereby ordered

 that,

 unless

the

 penalty

 has already

been

 paid, within

 30 days

 of the

 date

 of this Order Okaw

Buildings,

 Inc.

 shall,

 by certified check

 or money

 order payable

to the

 State

of

 Illinois

 and designated

 for deposit

 into the

Environmental

 Protection

 Trust

 Fund,

pay

a

 penalty

in

 the amount

of

 $500.00 which

is

to

be

 sent

to:

Illinois

 Environmental

 Protection Agency

Fiscal

 Services

 Division

2200 Churchill

 Road

Springfield,

IL

62706

IT

IS

 SO ORDERED.

95—131

-2—

I,

 Dorothy

M.

 Gunn,

 Clerk

 of the

 Illinois

 Pollution Control

Board,

 hereby certif

 above

 Order

was

 adopted on the

___________day

of

 1989,

by

 a vote

of

7’—°

nn,

 Clerk

Illinois P~lutionControl

 Board

95—132

:LLINOIS ENVIRONMENTAL PROTECTION

 AGENCY

ADMINISTRATIVE CITATION

STATE OF

~LLINO~S

POUUTION

CONTROL

BOARD

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

(E~fd~

v.

)

 IEPA DOCKET NO.

 9273-AC

OKAW BUILDINGS,

 INC.

a corporation,

)

Respondent.

)

JURISDICTION

This Administrative Citation

 is issued pursuant to authority vested

in the

 Illinois Environmental

 Protection Agency by ill.

 Rev.

 Stat.

1987,

ch.

 111½,

 par.

 1031.1.

FACTS

1.

 That Respondent

 is the present owner and/or operator of

a

facility located

 in the County of Douglas, State of Illinois.

2.

 That said facility

is

 an open dump,

 operating without an

Illinois Environmental

 Protection Agency Operating Permit, and desig-

nated with Site Code No. 0418010005.

 Said facility

 is comonly known

to the Agency as Chesterville/Okaw.

3.

 That Respondent has owned and/or operated said facility at

all

 times pertinent hereto.

4.

 That on October

6,

 1988,

 S. Dale Elenberger,

 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.

‘)5—133

VIOLATIONS

On the basis of direct observation of

S.

 Dale Elenberger,

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 October 6, 1988 an on-site inspection of said facility

disclosed the following:

(i)

 Causing or allowing litter (Section 21(q)(l)

 of the

Act).

CIVIL PENALTY

Pursuant to

 iii.

 Rev.

 Stat.

 1987,

ch.

 111½, par.

 l042(b)(4),

Respondent herein

 is subject

to

 a civil

 penalty of Five Hundred Dollars

($500.00) for the violation specified above

 in Paragraph A(i).

 Addi-

tionally, should Respondent elect to petition the Illinois Pollution

Control

 Board under the review process described hereinbelow, 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 Illinois Environmental

 Protection Agency and the Illinois

Pollution Control

 Board,

 in addition

to

 the Five Hundred Dollar ($500.00)

statutory penalty for a

 finding of violation.

If you acknowledge the violation cited hereinabove,

 the civil

penalty specified above

 shall

 be due and payable

no

 later than December

28,

 1988.

 If you do not petition the

 Illinois Pollution Control Board

for review of this Administrative Citation within thirty-five (35)

2

95—134

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,

 by reason

 of acknowledgment,

 default or

finding after adjudicatory hearing

is

 not paid when due,

 the Offices

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, 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.

See

Ill. Rev.

 Stat.

 1987,

ch.

 111½, 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 Illinois Environmental Protection

Agency.

 Such Petition for Review must be filed within thirty-five

3

(35)

days

the

date

service

this

Administrative

Citation,

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:

 Enforcement Services.

(k~

Bthrnard

P.

 Killian, Director

Illinois Environmental Protection Agency

Prepared by:

 William Seltzer

Illinois Environmental

Protection Agency

2200 Churchill

 Road

 P.O. Box 19276

Springfield,

IL

 62794-9276

(217)782—5544

Date:

 November 16, 1988

95—136