ILLINOIS POLLUTION

 CONTROL BOARD

January

5,

1989

IN

THE

 MATTER

OF:

)

FRANK

 SENTEL,

 AC 88-103

IEPA

Docket

No.

 9279—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

 Frank

 Sentel

on

 November

19,

 1988.

 The Agency alleges that Frank

 Sentel

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.

Frank

 Sentel

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

 Frank

 Sentel

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

 S500.O0.

 is hereby ordered

 that,

 unless

the

 penalty

has

 already

been paid,

 within

30

 days

of

the

 date of this Order

 Frank

 Sentel

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,

62706

IT

IS

 SO ORDERED.

9 5—143

-2-

I,

 Dorothy

M.

 Gunn,

 Clerk

of

the

 Illinois Pollution Control

Board, hereby certif

 that

 the above

 Order was adopted

 on the

day

of

~~C.ir.A~AiiL..t.4.4

 1989,

by

 a vote of

Illinois

Pol

 ution Control

 Board

95—144

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

v.

)

IEPA

 DOCKET

NO.

 9279-AC

FRANK

SENTEL,

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 Moultrie, 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.

 1398060001.

 Said facility

 is comonly known

to the Agency as Sullivan/Sentel.

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.

95—1

5

VIOLATIONS

On

 the basis of direct observation of

 S. Dale Elenberger,

the

Illinois Environmental

 Protection Agency has determined that Resoondent

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 2l(q)(1)

 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 the violation specified above.

 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 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 the finding of violation.

If you acknowledge

 the violation cited hereinabove, the civil

penalty specified above

 shall

 be due

 and payable no later than December

29,

 1989.

 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

2

q~-14~

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,

 Soringfield,

 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.

~

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

95—147

(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 Road,

 P.O.

 Box 19276,

 Springfield,

 Illinois

 62794-9276,

Attention:

 Enforcement Services.

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

5—148