ILLINOIS POLLUTION CONTROL BOARD
    February 23, 1989
    IN THE MATTER OF:
    )
    RUSSELL HARRIS,
    )
    AC 89—1
    (Case No. 89—AC—O01)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon
    a January
    5,
    1989
    filing
    of
    an Administrative Citation pursuant
    to Section
    31.1
    of
    the Illinois Environmental Protection Act
    (Act)
    by Madison
    County.
    A copy of that Administrative Citation
    is attached
    hereto.
    Madison County alleges
    that Russell Harris has violated
    Section 2l(p)(5)
    of the Act.
    The statutory penalty established
    for this violation
    is $500.00 pursuant
    to Section 42(b)(4)
    of
    the
    Act.
    Russell Harris 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.l(d)(2)
    of the Act.
    Therefore, pursuant
    to
    Section
    31.l(d)(1),
    the Board
    finds that Russell Harris 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 ~enalty
    has already
    been paid, within 30 days of the date of this Order Russell
    Harris shall, by certified
    check
    or money order payable to
    the
    General Fund—Solid Waste
    Fine, pay a penalty
    in
    the amount of
    $500.00 which
    is to be sent
    to:
    Michael
    Henkhaus
    County Treasurer
    103 Purcell
    Edwardsville,
    IL 62025
    IT
    IS SO ORDERED.
    96—317
    —2—
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~. that the above
    Order was adopted on the
    ~
    day of
    ,
    1989,
    by a vote of
    7~
    Dorothy M./9runn, Clerk
    Illinois ~‘llution
    Control Board
    96—318
    ~~i~j\’;’
    i’
    STATE
    OF
    ILLINOIS
    ~!
    Ji~1
    5 ~
    COUNTY
    OF
    MADI
    SON
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    ,4f~
    c~
    -
    /
    )
    89—AC—0O1
    )
    RUSSELL HARRIS
    )
    )
    )
    Respondent.
    )
    JURISDICTION
    This Administrative
    Citation
    is issued pursuant to the authority
    vested
    in
    the Illinois Environmental Protection Agency by Public Act 84—1320
    (Iii.
    Rev.
    Stat.
    1985,
    Supp.
    1986,
    ch. 1ll~,par.
    1031.1),
    and
    delegated
    to
    Madison
    County pursuant
    to
    Ill.
    Rev.
    Stat. 1985,
    Supp.
    1986,
    ch 11~, par.
    1004(r).
    FACTS
    1.
    That Respondent,
    Russell Harris,
    is
    the present operator of a
    facility located in the County of Madison,
    State of Illinois.
    2.
    That said facility
    is operated as an open dump, operating without
    an Illinois Environmental Protection Agency Operating Permit,
    and designated
    with Site Code No.
    1198050001.
    Said Facility
    is commonly known to
    the
    Agency
    as Foster/Harris.
    3.
    That Respondent has operated said facility at all times pertinent
    hereto.
    96—319—
    1
    —
    4.
    That on November
    7,
    1988,
    Thomas
    Hawkins,
    of
    the
    County
    of
    Madison,
    inspected
    the above—described open dump.
    A copy
    of
    the Inspection Report
    setting forth
    the results of
    such inspection is attached hereto and made
    a part hereof.
    VIOLATIONS
    5.
    On the basis of direct observation of Thomas Hawkins,
    the County of
    Madison has determined that Respondent was conducting an open dump operation
    at
    the above—described facility, in a manner which resulted in the
    following
    conditions:
    A.
    November
    7,
    1988,
    operated said open dump by causing or
    allowing litter (Section
    21(q)
    (1) of the Act)
    in violation
    of
    Ill.
    Rev.
    Stat.
    1985,
    Supp.
    1986,
    oh 11l~,par. 1021
    (p)
    (5).
    CIVIL PENALTY
    6.
    Pursuant
    to Public
    Act 84—1320 (Ill. Rev.
    Stat.
    1985,
    Supp.
    1966,
    ch.
    1111,
    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 A,
    for
    a total
    of Five Hundred Dollars ($500.00).
    Additionally,
    should Respondent, Russell Harris, 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 Pollution Control Board,
    in addition
    to
    the Five Hundred Dollars
    ($500.00)
    statutory penalty for each finding of violation.
    96-32n
    -
    2
    —
    7.
    If Respondent acknowledges
    the violations cited hereinabove,
    the
    civil penalty specified above shall be due and payable no later than February
    11,
    1989.
    If payment
    is not
    received by such date,
    this citation will be forwarded
    to
    the Illinois Environmental Protection Agency
    for judgement.
    If Respondent
    does not petition the Illinois Pollution Control Board for review of this
    Administration Citation within thirty—five
    (35)
    days of service hereof
    or if
    Respondent elects
    to contest this Administrative Citation, any judgement
    rendered against
    the Respondent shall specify the due date
    of
    the
    statutory
    civil penalty and any costs assessed against you.
    8.
    When payment
    is made,
    the check should be made payable
    to:
    GENERAL
    FUND—SOLID 1~ASTEFINE and mailed
    to Michael Henkhaus, County Treasurer, 103
    Purcell,
    Edwardsville,
    Ii.
    62025.
    9.
    If
    any civil penalty,
    by reason of
    acknowledgement, default
    or finding
    after adjudicatory hearing,
    is
    not paid when due,
    the Illinois Environmental
    Protection Agency shall take into consideration such failure to pay during
    any permit review process upon your application for a new permit
    or
    for
    renewal of an existing permit.
    Furthermore,
    if payment
    is not received when
    due,
    the Madison County State’s Attorney may initiate proceedings
    in Circuit
    Court
    to
    collect said civil penalty.
    In addition to the previously assessed
    civil penal.y and hearing costs
    of
    the
    Illinois Pollution Control Board,
    if
    any, the State’s Attorney will seek to recover
    the costs of
    litigation.
    96~-321
    —
    3
    -
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    10.
    Respondent, Russell Harris,
    has
    the right
    to contest this Administrative
    Citation.
    See Public Act
    84—1320
    (Ill.
    Rev.
    Stat. 1985,
    Supp 1986,
    ch. 1l1~.,
    par 1031.1).
    If Respondent elects to contest this Administration Citation, he
    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 William R.
    Raine, Madison County State’s Attorney,
    103 Purcell St.,
    Edwardsville,
    Ii.
    62025,
    (618)692—6200.
    Such Petition for Review must be
    filed within thirty—
    five
    (35)
    days
    of
    the
    date
    of
    service
    of this Administrative Citation, or a
    default
    judgement
    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
    Madison
    County
    State’s
    Attorney,
    103
    Purcell
    St.,
    Edwardsville,
    Il.
    62025.
    WILLIAN R. HAINE
    Madison County State’s Attorney
    103 Purcell St.
    Edwardsville,
    Ii 62025
    (618)692—6200
    PAUL T.
    HAWKINS
    ~EL
    MIETZ
    Environmental
    Administrator
    /Assistant
    State’s
    Attorney
    Madison County
    Madison County
    96—322
    ~
    —
    n~r~
    STATE OF ILLINOIS
    .i~i~i
    —
    5
    I98~3
    COUNTY
    OP
    MADI
    SON
    j
    ~
    -
    —
    S1Ak~tL1IN0~S
    Pç)i1UT~0N
    C0~TR0tBOARD
    —
    IN THE MATTER OF:
    )
    )
    89—AC--OO1
    )
    RUSSELL
    HARRIS
    )
    )
    Respondent.
    )
    Affiant,
    Thomas Hawkins, being first duly sworn, voluntarily deposes
    and states as follows:
    1.
    Affiant is
    a field
    inspector employed by the County of Madison and
    has been
    so employed at all times pertinent hereto.
    2.
    On November
    7,
    1988, between 2:15 p.m.
    and 3:15 p.m., Affiant
    conducted an inspection of
    the open dump in Madison County,Illinois,
    known
    as Foster/Harris,
    Illinois
    Environmental Protection Agency Site No.
    1198050001.
    3.
    Affiant inspected said Foster/Harris
    Site by an on—site inspection
    which
    included walking the site and
    interviewing personnel.
    4.
    Before and after said inspection of said open dump, Affiant reviewed
    Illinois Environmental Protection Agency permits
    to determine whether or not
    appropriate permits had been granted.
    No permits have been issued for the
    pertinent time period and activities.
    5.
    As
    a result
    of
    the activities referred
    to in Paragraphs
    3 and
    4
    above, Affiant completed
    the Inspection Report Form attached hereto and made
    a part hereof, which,
    to
    the best of Affiant’s knowledge and belief,
    is an
    —1—
    96—323
    accurate
    representation
    of
    Affiant’s
    observations
    and
    factual
    conclusions
    with
    respect
    to
    Foster/Harris.
    c7fl4/~?
    Thomas Hawkins
    Subscribed
    and Sworn before me this
    ~~day
    of
    ~
    1989
    —2—
    96—324
    .j:.,
    MADI SON
    COUNTY
    ENVIRONMENTAL
    CONTROL
    DEPARTMENT, ~
    _____
    REMITTANCE
    FORM
    ~
    CO~J1Ro~a~
    IN
    THE
    MATTER
    OF:
    )
    ,41~
    ~
    )
    89—AC—OO1
    )
    RUSSELL HARRIS
    )
    )
    Respondent.
    )
    FACILITY:
    Foster/Harris
    SITE CODE NO:
    1198050001
    COUNTY:
    Madison
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    November
    7,
    1988
    DATE REMITTED:__________________________________
    SIGNATURE:
    ____________________________________________
    NOTE
    Please
    enter
    the date
    of your remittance and
    sign this REmittance
    Form.
    Be
    sure your check is enclosed and mail, along with Remittance Form to:
    SOLID WASTE MANAGEMENT FUND
    Attn:
    Michael Henkhaus,
    County Collector
    103
    Purcell
    Edwardsville, Illinois
    62025
    96—32 5

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