ILLINOIS POLLUTION CONTROL BOARD

September 9,

1993

SANGAMON

COUNTY,

Complainant,

V.

)

AC

93—23

(SCDPH-93—AC—4)

(Administrative Citation)

ROBERT FROHWITTER, RITA

)

FROHWITTER and JIM WITHERS,

)

Respondents.

ORDER OF THE BOARD:

This matter comes before the Board upon a June 28,

1993

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by Sangamon

County.

A copy of that Administrative Citation

is attached

hereto, but will not be printed in the Board’s Opinion Volumes.

Service of the Administrative Citation was made upon Robert and

Rita Frohwitter on June 26,

1993.

Sangamon County alleges that

on May 27,

1993 Robert and Rita Frohwitter,

present owners and/or

operators of a facility located

in Sangamon County and commonly

known to the Agency as Gardner Township/Frohwitter, violated

Section 21(p) (1)

of the Act.

The statutory penalty established

for this violation is $500.00 pursuant to Section 42(b)(4)

of the

Act.

Robert and Rita Frohwitter have 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 Robert and

Rita Frohwitter 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.

1.

It is hereby ordered that, unless the penalty has already been

paid, within 30 days of the date of this order Robert and Rita

Frohwitter shall,

by certified check or money order payable to

the Sangamon County Public Health Department, pay a penalty

in

the amount of $500.00, which

is to be sent to:

James

D.

Stone

Director of Public Health

Sangamon County Department of Public Health

200 South Ninth Street

—

Room 301

Springfield,

Illinois 62701

---

2

2.

Respondents shall include the remittance form and write the

case name and number and their social security or federal

Employer Identification Number on the certified check or money

order.

3. Penalties unpaid after the due date shall accrue interest

pursuant to Section 42(g)

of the Illinois Environmental

Protection Act.

4. Payment of this penalty does not prevent future prosecution if

the violation continues.

Section 41 of the Environmental Protection Act,

(415 ILCS 5/41

(1992)), provides for appeal of final orders of the Board within

35 days.

The Rules of the Supreme Court of Illinois establish

filing requirements.

(See also 35 Ill.

Adm. Code 101.246,

Motions for Reconsideration.)

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Boards hereby certify ~that

the

above order was adopted on the

~

day of

,

1993,

by a vote of

/;

‘7!

&

-~-~Z.

~

Dorothy N. ,~unn,Clerk

Illinois Pçllution Control Board

---

BEFU~EThE

IILIW)IS

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BOARD

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J~àninistrative

Citation

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SDPH-93-AC-4

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aid

JIM Wfl~S,

)

Respo~x3ents.

JURISDIC~IC~

This

Administrative

Citation

is

issued

pursuant

to

authority vested

in the Illinois Environmental Protection

Agency

by

415

ILCS

5/31.1

(1993),

and

delegated

to

Sangamon

County

pursuant

to 415

ILCS

5/4

(r)

(1993).

FACIS

1.

That

the

Respondents,

Robert

Frohwitter

and

Rita

Frohwitter,

are

the

present

owners,

and

the

Respondent,

Jim

Withers,

is

the present operator,

of a facility

located

in

the

County

of

Sangamon,

State

of Illinois.

2.

That

said

facility

is an open

dump,

operating without an Illinois

Environmental

Protection

Agency

Operating

Permit,

and

designated

with

Site

Code

No.

1678110009.

Said

facility

is

commonly

known

to

the Agency

as

Gardner

Twp. /Frohwitter.

3.

That

the

Respondents,

Robert

Frohwitter

and

Rita

Frohwitter,

have

owned

said

facility,

and

the

Respondent,

Jim

Withers,

has

operated

said

facility, at all times pertinent

hereto.

4.

That on

t’lay

27,

1993,

Jerry Ferguson,

Waste Management

Specialist

with

the

Sangamon

County

Department

of

Public

Health,

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.

---

VIOI~TI(X~S

On

the

basis

of

the

direct

observations

of

Jerry

Ferguson,

Sangamon

County

has

determined

that

Respondents

have

caused

or

allowed

open

dumping

at

the

above-described

facility

in

a

manner

which

resulted

in

the

following

occurrences:

A.

That

on

May

27,

1993,

an

on—site

inspection

of

said

facility

disclosed

the

following:

X

causing or allowing litter (415

ILCS

5/21

(p)

(1)

(1993)).

_____

Causing

or allowing scavenging

operations

(415

ILCS

5/21

(p)

(2)

(1993).

____

Causing

or

allowing

open

burning

(415

ILCS

5/21

(p)

(3)

(1993)).

_____

Causing

or allowing

the

deposition

of

waste

in

standing or

flowing

waters

(415 IL~ 5/21

(p)

(4)

(1993)).

____

Causing or allowing proliferation of disease vectors

(415

ILCS

5/21

(p)

(5)

(1993)).

_____

Causing

or

allowing the

generation

of

standing

or

flowing

liquid

discharge

from

the

open

dump

site

(415

ILCS

5/21

(p)

(6)

(1993)).

CIVIL

PENALTY

Pursuant

to

415

ILCS

5/42

(b)

(4)

(1993),

the

Respondents

herein

are

subject

to

a

civil

penalty

of

Five

Hundred

Dollars

($500.00)

for

each

violation

specified

above

in

Paragraph

A

and

subparagraphs

thereunder,

for

a

total

of

$500.0(.

Additionally,

should

Respondents

elect

to

petition

the

Illinois

Pollution

Control

Board

under

the

review

process

described

herein

below,

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

Sangamon

County

and

the

Illinois

Pollution

Control

Board,

in

addition

to

the

Five

Hundred

Dollars

($500.00)

statutory

penalty for each finding of violation.

---

If

you

acknowtedqe

the

violations

cited

hi~reinabove,

the

civil

penalt:y

specified

above

shall

be

due

and

payable

no

later

than

35 days from the date

of

service

of

this

Administrative

Citation.

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 Sangamon

County

Public

Health

Department

and mailed

to the attention of

James

D.

Stone,

Director

of

Public

Health,

Sangamon

County

Department

of

Public

Health, 200

South

Ninth

Street,

Room

301,

Springfield,

Illinois,

62701.

Also,

please

complete

and

return the

enclosed

Remittance

Form,

along

with

your

payment,

to

assure

proper

documentation

of

payment.

If

any

civil

penalty

imposed

by the

Illinois Pollution

Control

Board

is not

paid

within

the

time

prescribed

in

the

order,

interest on such penalty

will

be

assessed

£or

the

period

fran

the

date

payment

is

due

until

the

date

payment

is

received.

If

any

civil

penalty,

by

reason of

acknowledgement,

default or finding after adjudicatory hearing is not paid when due, the Office

of

the

Illinois

Attorney

General

or

the

Office

of

the

Sangamon

County

State’s

Attorney

shall

be

requested

to initiate proceedings

in Circuit

Court

to

collect

said

civil

penalty.

In

addition

to

the

previously

assessed

civil

penalty,

interest,

and

hearing

costs

of

Sangamon

County

Agency

and

the

Illinois

Pollution

Control

Board,

if

any,

the

Attorney

General’s

Office

or

the

Sangamon

County

State’s

Attorney

will

seek

to

recover

their

costs

of

litigation.

---

JcaxJRE

i~i~

a~ri~ri~c

nrrs

AI~ATIVE

~ITAT1~

You

have

the

right

to

contest

this

Administrative

Citation.

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

Sangamon

County

Department

of

Public

Health.

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

Sangamon

County

Department

of

Public

Health,

200

South

Ninth

Street,

Room

301,

Springfield,

Illinois,

62701.

The procedure

for filing a Petition for

Review can be

found

in

415

ILCS

5/31 .1

(1993),

and Part 101

of Title

35 of

Illinois Administrative Code.

Date:

June

25,

1993

JAMES D. S~1X~E,DIPECIOR

SANGAVCN

CCXJNTY

DEPARThENT

OF

PUBLIC

HEAIJflI

BY:

/~f

~

ROBERT

L.

SMITh

Prepared by:

Robert L. Smith

200

South

Ninth

Street,

Room

402

Springfield,

Illinois

62701

(217)753—6690

JDS/RLS/AA/BW/JF:vah

---

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ScDPH-93-AC-4

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E~Wm~2~,RITA n~TrEI~,)

aid JIM WITIHE~S,

)

Respor~3ents.

AFFIL~VIT

Affiant,

Jerry

Ferguson,

being

first

duly

sworn,

voluntarily

deposes

and states as follows:

1.

Affiant

is

a

Waste

Management

Specialist

employed

by

the

Sangamon

County

Department

of

Public

Health and certified by the Illinois

Environmental

Protection

Agency

and

has

been

so

employed

and

pertinent hereto.

2.

On

May

27,

1993,

betw~en

2:30 p.m.

and

3:15 p.m.,

Affiant

conducted

an

inspection

of

an

open dump owned

by

Robert

Frohwitter

and

Rita

Frohwitter,

and

operated

by

Jim

Withers,

located in Sangamon County,

Illinois, and known

as

Gardner

Twp./Frohwitter.

Said

site

has

been assigned Site

Code

No.

1678110009.

3.

Affiant

inspected

said

facility

by

an

on-site

inspection

which

included

walking

and

photographing

the

site.

4.

As

a

result

of

the

material

actions

referred

to

in

paragraph

3

above,

Affiant

completed

the

Inspection

Report

form

attached

hereto

and

made

a

part

hereof,

which,

to

the

best

of

‘s

knowledge

and

belief,

is

an

accurate

representation

of

an’s

observations

and

factual

conclusions

with

respect

to

said

facility.

---

id Was~c

Spécia~t’st

Sangainon

County

Department

of Public Health

Subscribed

and Sworn

to

before

me

this

~

day

of

C

~

,

1993.

~(Li?i~k

0

1

Notary

Public

T~J

ij

JF :

vah

OFFICIAL

SEAL

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VALERIE A.

HEDGEPATH

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NOTARY

pu~Uc

STATE OF IWNOIS

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MYCOMMISSIONEXP~RES12-17.96

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ScDPFI-93-AC-4

1~3E1~T

FRCEWrITER, RITA E1U1WIT1H~,

)

aid JIM WTI1~S,

Respondents.

FACILITY:

GP~RDNER‘IWP. /FROHWrrIu

SITE

CODE

NO.:

1678110009

CtIJNTY:

SANGANON

CIVIL

PEW\LTY:

$500.00

DATE

OF

INSPECrION:

MAY

27,

1993

DATE

RE~4I1TED:

_________________________

S.S./j/F.E.I.N.:

SIGNATURE:

_____________________________

Please enter the date of your remittance, your Social Security number (S.S.#)

if an individual, or your Federal E~ployerIdentification Number (F.E.I.N.)

if a corporation,

and sign

this

Remittance

Form.

Be sure

that your

check

is enclosed and mail, along with this form, to James D. Stone, Director,

Sangamon

County

Department

of

Public

Health,

200

South

9th Street,

Room

301,

Springfield,

Illinois,

62701.

JDS : vh