ILLINOIS POLLUTION CONTROL BOARD
    February 23, 1989
    IN THE MATTER OF:
    )
    LUTHER and MARGARET TREADWELL,
    )
    AC 89-17
    (IEPA Docket No. 9373—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon
    a January 12,
    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 Luther and Margaret
    Treadwell on January
    12,
    1989.
    The Agency alleges that Luther
    and Margaret Treadwell has violated Sections 2l(q)(l)
    and
    21(q)(3)
    of the Act.
    The statutory penalty established
    for each
    of these violations
    is $500.00 pursuant to Section 42(b)(4)
    of
    the Act.
    Luther
    and Margaret Treadwell 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.l(d)(l), the Board finds
    that Luther
    and
    Margaret Treadwell
    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
    Luther and
    Margaret Treadwell
    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.
    96—421
    —2—
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certi~y
    that
    the
    above
    Order
    was
    adopted
    on
    the
    A-’(
    day
    of
    ,
    1989,
    by
    a
    vote
    of
    ~
    ~
    Dorothy
    M. ,~nn,
    Clerk’
    Illinois
    P&llution
    Control
    Board
    96—422
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    ~
    ~
    v.
    )
    IEPA DOCKET NO. 9373-AC
    LUTHER TREADWELL and
    )
    MARGARET TREADWELL,
    )
    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 Respondents are the present owners and/or operators
    of a facility located
    in the County of Iroquois, 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.
    0758040001.
    Said facility is commonly known
    to the Agency as Beaverville Twp./Treadwell.
    3.
    That Respondent
    has owned and/or operated said facility at
    all times pertinent hereto.
    4.
    That on November 22,
    1988,
    S. Dale Elenberger,
    of the Illinois
    Environmental Protecfion 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—423
    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 November 22,
    1988 an on—site inspection of said facility
    disclosed the following:
    (i)
    Causing or allowing litter (Section 21(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.
    l042(b)(4),
    Respondents
    herein are subject
    to
    a
    civil
    penalty of Five Hundred Dollars
    ($500.00) for each violation specified above
    in Paragraphs A(i)
    and
    A(ii),
    for
    a
    total
    of One Thousand Dollars ($1,000.00).
    Additionally,
    should Respondents 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,
    Respondents
    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.
    96—424
    2
    If you acknowledge the violations cited
    hereinabove, the civil
    penalty specified above shall
    be due and payable
    no later than February
    25,
    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
    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
    3
    96—425
    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
    (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.
    Bernard
    P.
    Killian, Director
    Illinois Environmental ProtectionAgency
    Prepared by:
    William Seltzer
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL
    62794-9276
    (217)782-5544
    Date:
    January 10,
    1989
    4
    96—426
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    AFFIDAVIT
    IN THE MATTER OF:
    )
    LUTHER TREADWELL and
    MARGARET TREADWELL,
    )
    IEPA DOCKET NO.
    9373-AC
    )
    Respondent
    Affiar,t,
    S.
    Dale Elenberger, being first duly sworn, voluntarily deposes and
    states
    as follows:
    1.
    Affiant
    is
    a field inspector employed by the Land Pollution
    Control Division of the Illinois Environmental Protection Agency and has been
    so employed at
    all
    times pertinent hereto.
    2.
    On November 22,
    1988,
    between
    10:15 a.m. and
    11:23 a.m., Affiant
    conducted an inspection
    of
    a disposal
    site operated without an Agency permit,
    located
    in
    Iroquois County, Illinois and known
    as Beaverville Twp./Treadwell
    by the Illinois Environmental
    Protection Agency.
    Said site has been assigned
    site code number 0758040001 by the Agency.
    3.
    Affiant inspected said Beaverville Twp./Treadwell
    open dump site
    by an on—site
    inspection which included walking and photographing the
    site.
    96—4 27
    4.
    As a result of the activities referred to
    in Paragraph
    3 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 accurate
    representation of Affiant’s observations and factual conclusions with respect
    to said Beaverville Twp./Treadwell open dump.
    1~IC1AL~AL~
    _______
    ~
    ARY
    E.
    VflNKLE~
    ~~o~s~i
    PUBUC. ~i~1E
    CF
    ~N0~S
    MI COMMtSSION
    EXPIRES
    9/3/S~
    Subscribed
    and Sworn
    to before me
    this
    ~rLday
    of
    ELC~.r~.—
    1988.
    rr~c
    ~
    Notary Public
    96—428
    )~
    i.’.;
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    A
    J~u
    I
    2
    i9S~
    REMITTANCE FORM
    ~
    iLLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    )
    v.
    )
    IEPA DOCKET NO. 9373-AC
    LUTHER TREADWELL and
    )
    MARGARET TREADWELL,
    )
    )
    Respondent.
    )
    FACILITY:
    Beaverville Twp./Treadwell
    SITE CODE NO:
    0758040001
    COUNTY:
    Iroquois
    CIVIL PENALTY:
    $1,000.00
    DATE OF INSPECTION:
    November
    22, 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
    illinois Environmental Protection Agency, Attention:
    Fiscal
    Services,
    2200 Churchill
    Road,
    P.O.
    Box 19276, Springfield,
    Illinois
    62794-9276.
    96429

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