ILLINOIS POLLUTION CONTROL BOARD
January
5,
1989
IN THE MATTER
OF:
)
KENNETH HAILS,
)
AC 88-102
(IEPA Docket
No.
9278-AC)
Respondent.
ORDER
OF
THE BOARD:
This matter
comes
before
the Board
upon
a November
23,
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
Kenneth Hails
on November
21,
1988.
The
Agency alleges
that
Kenneth
Rails
has
violated
Sections
21(q)(1)
and
21(q)(3)
of the Act.
The
statutory penalty
established
far each of these
violations
is
$500.00 pursuant
to
Section
42(b)(4)
of
the Act.
Kenneth Hails
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
Kenneth
Hails
has
violated each
and every provision alleged
in
the Administrative
Citation.
Since there
are two
(2)
such violations,
the
total
penalty
to
be imposed
is
set
at
$1,000.00.
It
is hereby ordered
that,
unless
the penalty
has
already
been paid,
within
30 days of the date of
this
Order Kenneth
Hails
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 $1,000.00
which
is
to
be
sent to:
Illinois
Environmental
Protection Agency
Fiscal
Services Division
2200 Churchill
Road
Springfield,
IL
62706
IT
IS
SO ORDERED.
95—137
-2-
I,
Dorothy
H.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board,
hereby
ye Order was
adopted
on the
5dZ~ day
of
1989,
by
a vote of
7~
Ill i no
S
Pa
rUt’Ofl
Control
Board
95—133
VIOLATIONS
On the basis of direct observation of Thomas
Edmondson, 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
12,
1988 an on-site inspection
of said facility
disclosed the
following:
(i)
Causing
or allowing
litter (Section 2l(q)(l)
of
the
Act).
(ii)
Causing or allowing open burning
(Section 2l(q)(3) of
the Act).
CIVIL PENALTY
Pursuant
to
Ill.
Rev.
Stat.
1987,
ch.
111½,
par. 1042(b)(4),
Respondent
herein
is subject
to
a civil
penalty of Five Hundred Dollars
($500.00) for each violation specified above
in Paragraphs
A(i)
through
A(ii),
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 for each finding
of violation.
If you acknowledge the
violations cited hereinabove,
the civil
penalty specified above shall
be due and payable
no
later than DecemDer
2
95—139
29,
1988.
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 funo and mailed
to the attention
of Fiscal
Services,
Illinois Environmental
Protection Agency,
2200
Churchill
Roaa, P.O.
Box
19276,
Springfield,
:llinois 62794—9276.
Also,
please comolete
and
return the enclosea
Remittance Form,
alona
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.
~
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
3
95—140
NOV23;~g~
‘H
ILLINOIS ENVIRONMENTAL PROTECTION ~
ADMINISTRATIVE C~TATI0N
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
)
,4~
~
v.
)
1EPA DOCKET NO.
9278-AC
KENNETH HAILS,
Respondent.
)
JURISDIcT:ON
This Administrative Citation
is
issued pursuant to autnority vested
in the Illinois Environmental Protection Agency by Ill. ~lev.
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 Jefferson,
State of Illinois.
2.
That said facility is
an open dump, operating without an
Illinois Environmental Protection Agency Ooerating Permit,
and desig-
nated with Site Code No.
0818060002.
Said facility is
commonly known
to the Agency as
Texico/Hails.
3.
That Respondent
has owned and/or operated said facility at
all
times pertinent hereto.
4.
That on October
12,
1988,
Thomas Edmondson,
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 attacned hereto and made
a part hereof.
95—14 1
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
Roac, P.O.
Box 19276, Springfield,
:ninois
62794-9276,
Attention:
Enforcement Services.
8’~?
~
Bernard 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
17, 1988
4
95—142