ILLINOIS POLLUTION CONTROL BOARD
February
23,
1989
IN THE MATTER OF:
)
CAROL WOODSON,
)
AC 89-12
)
(IEPA Docket No. 9365—AC)
Respondent.
ORDER OF THE BOARD:
This
matter comes before
the Board upon a January
11,
1989
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 Carol Woodson on January
9,
1989.
The Agency alleges that Carol Woodson 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.
Carol Woodson 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)(l),
the Board
finds
that Carol Woodson 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
Carol Woodson
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.
96—401
—2—
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify ~3tat the above Order
was adopted
on the
_________
of
_-7~.c~j
,
1989,
by
a vote of
7~
Dorothy f~4Gunn, Clerk
Illinois~’PollutionControl Board
96—40 2
JAN
I
11989
~‘
1;~
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENC
~
J
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
)
~
v.
)
IEPA DOCKET
NO.
9365-AC
CAROL WOODSON
Respondent.
)
3U
RI SDIC
Ti ~
N
This Administrative Citation is issued pursuant
to authority vested
in the Illinois Environmental
Protection Agency by Ill.
Rev. Stat.
1987,
ch. 11l~,par.
1031.1.
FACTS
1.
That Respondent
is the present owner and/or operator of
a
facility located
in the County of
Peoria, State of
Illinois.
2.
That said facility
is
an open dump,
operating without an
:llinois Environmental Protection Agency Operating Permit, and desig-
natec with Site Code No.
1438080007.
Said facility
is
commonly known
to the Agency
as Peoria/Longbranch.
3.
That Respondent
has owned and/or operated said facility at
all
times pertinent hereto.
4.
That on November 15, 1988,
Timothy Case, 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.
96—403
VIOLATIONS
On
the basis
of direct observation of Timothy Case,
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 November
15,
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
Ill.
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.
If you acknowledge
the violation cited
hereinabove,
the civil
penalty specified above shall
be due and payable no
later
than February
24,
1989.
If
you do not petition the
Illinois Pollution Control
Board
for review of
this !~dministrativeCitation within
thirty-five
(35)
2
96—404
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
comalete 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
96—405
(35) days of the date of
service of this Administrative Citation, or
a default ~udcmentshall
be entered by the Pollution Control
Board.
The Petition
for Review may be filed with the Clerk
of the Illinois
Pollution Cc.,trol
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 Churcnill
Road, P.O.
Box 19276, Springfield,
Illinois
62794—9276,
Attention:
Enforcement Services.
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:
January 6,
1989
3
96—406
::::::o:~
~::~~E~TAL
?PCTECTC~
..c-zit~
JA~4
I
I
1989
S
AT~
OF
tLLI;~O~S
_POti.UIJON
CO~TROt8CA~ti
CAROL WOODSON,
:EpA DOCKET
!IC.
9365-AC
~fii~nt,
T:rct~
:.
Case,
being
first
duly
sworn, :~~r~tarily
~e~cses
and ~.tatesas folows:
1.
Affiant
is
a field
inspector employed
by the
Land Pollution
Control
Division
of the
Ili±noisEnviror.mentaj. Protecticn Agency and
has
been so ercloved
at all
times pertinent hereto.
2.
On ::cver~ber
:5,
.988,
between 2:00 p.m. and 2:20 p.m., Affiant
ncnd~c:edan
in.
ection.
of the oDen
du~~in
Peoria CD~r.t~:,:llinois,
as Peoria.
c.ncr.r~ncn, :iiin.ois Envircnmenza
?rc:~cz~or,Agency
Eite ~o. 143
EQS ~jOO.
3.
Affi~n.:
mn.so?~cted said Peoria/Lcnghrar.ch
en. ~..n:
site
by
an
on-site
inspection.,
which
included wal~ingand ~hotograching the site.
96—407
ac:ivi:i~sreferred
to
it. Pars:ra:n
acove
.~f!ar.:
ccmcl~:ed
the
:n.s~ec~~cn
~eco:t form attached hereto and ma
~
part hereof,
..‘hich,
:c
zest
of
Affiant’s knowledge and beief,
is
an
accurate
representation
of
Affiar.t’s
observations
and
factual
oonc~sions with respect
to said Peoria/Loncbrar.ch
ooer.
dur~t.
bscrib~’f
ar~d~wornto
refore
nis
.
~~ay
of
-~?~t’
‘‘i’
.1
~
~
~..,
~‘
~
~Otarv
P~jc.lic
~
96—408
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
REMITTANCE
FORM
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
V.
CAROL WOODSON,
Respondent.
)
)
)
)
)
)
)
)
IEPA DOCKET NO.
9365-AC
FACILITY:
Peon a/Longbranch
SITE CODE NO:
1438080007
COUNTY:
Peoria
DATE OF
INSPECTION:
November
15, 1988
DATE REMITTED:
CIVIL PENALTY:
$500.00
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 Illinois Environmental
Protection Agency, Attention:
Fiscal Services,
2200 Churchill
Road, P.O. Box 19276,
Springfield,
Illinois
62794-9276.
96—409