)))))

ILLINOIS POLLUTION CONTROL BOARD

October 7,

1993

ILLINOIS ENVIRONMENTAL,

PROTECTION AGENCY,

)

Complainant,

)

v.

)

 AC 93—36

)

 (IEPA No.

 542-93-AC)

ROYANNE GROOMS and RANDY ROWE,

)

 (Administrative Citation)

Respondents.

ORDER OF THE BOARD:

This matter comes before the Board upon an August 17,

1993

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, but will not be

printed in the Board’s Opinion Volumes.

 Service of the

Administrative Citation was made upon Royanne Grooms and Randy

Rowe on August

13,

 1993.

 The Agency alleges that on June 16,

1993, Royanne Grooms and Randy Rowe,

 present owners and/or

operators of a facility located in LaSalle County, and commonly

known to the Agency as Marseilles Grain #2, 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.

Royanne Grooms and Randy Rowe 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 Royanne

Grooms and Randy Rowe 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 Royanne Grooms

and Randy Rowe 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, Illinois

62706

2

2. Respondent 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

this 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 N.

 Gunn, Clerk of the Illinois Pollution Control

Boar

 ereby certify t~at

 e above order was adopted on the

_________day of

 1993,

 by a vote of

0

Dorothy N.

 n, Clerk

Illinois

 o lution Control Board

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

ROYANNE GROOMS AND RANDY ROWE,

Respondents.

)

AC

(IEPA

 No. 542—93—AC

)

)

)

JURISDICTION

This Administrative Citation

is

 issued pursuant

 to authority vested

in

the

Illinois Environmental

 Protection Agency

by

 111.

 Rev.

 Stat.

ch.

Ill

 1/2, para.

1031.1

 (1991).

FACTS

That Respondents

 are the present owner and/or

located

 in the County of LaSalle,

 State of Illinois.

2.

 That said facility

is

 an open dump, operating without

an

 Ii’inois

Environmental

 Protection Agency Operating Permit,

 and designated with Site

Code

No.

 0990500011.

 Said facility

 is commonly known

 to the Agency

as

Marseilles Grain

#2.

3.

 That Respondents have owned and/or operated said facility at a~i

times pertinent hereto.

operator of a facility

4.

 That on June

16,

 1993,

 Katherine Geyer,

 of the I1linoi~Environmental

Protection Agency,

 inspected the

 above described facility.

 A copy of

tne

inspection report setting forth the results of such inspection

 is attached

hereto and made

a

 part hereof.

VIOLATIONS

On the basis

 of direct observation of Katherine Geyer,

 the Illinois

Environmental Protection Agency 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 June

16,

 1993 an on—site

 inspection of said facility

disclosed the following:

(1)

 Causing or allowing

 litter

 (111.

 Rev.

 Stat.

ch.

lii

 1/2,

 para.

1021(p)(l) (1991)

 (formerly

 l021(q)(l)J).

CIVIL PENALTY

Pursuant

to

 Ill.

 Rev.

 Stat.

ch.

Ill

 1/2,

 para.

 1042(b)(4)

 (1991),

Respondents

 herein are subject

to

 a civil

 penalty of Five Hundred Dollars

($500.00)

 for the violation specified above

 in Paragraph A.

 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

 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 violations cited hereinabove,

the

 civil

 penalty

specified above

 shall ~e due and payable no later than

 September 20,

1993

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 agai~nstyou.

2

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 imposed by the Illinois Pollution Control Board

is

not paid within the time prescribed

 in the order,

 interest on

 such penalty

will

 be assessed for the period from the date payment

 is due until

 the date

payment

 is received.

 If any civil

 penalty, by reason of acknowledgment,

default or finding after adjudicatory hearing

is

 not paid when

 due,

 the Office

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,

 interest,

 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.

ch.

111

 1/2,

 para.

 1031.1

 (1991).

 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

 (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

3

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:

 Division of Legal

 Counsel.

7x2~~

,4.

Mary A. Gad~,Director

Illinois Environmental

 Protection Agency

Prepared by:

 Richard C.

 Warrington, Jr.

Illinois Environmental

Protection Agency

2200 Churchill Road

P.O.

Box

19276

Springfield,

IL

 62794—9276

217/782—5544

Date:_____________________

rmi /1532v/sp

4

REMITTANCE FORM

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

ROYANNE GROOMS AND RANDY

 ROWE,

Respondents.

)

)

)

)

)

)

)

)

EPA No. 542—9

FACILITY:

 Marseilles Grain #2

 SITE CODE

 NO.:

0990500011

June

16,

1993

CIVIL PENALTY:

DATE REMITTED:

SS/FEIN NUMBER

SIGNATURE:

NOTE

Please

 enter the

 date of your remittance, your

 Social

 Security number

 (SS)

f

an

 individual or

 Federal

 Employer Identification Number

 (FEIN)

if

a

corporation,

 and sign this Remittance Form.

Be

 sure your check ~senclosed

and mail,

 along with Remittance Form,

 to Illinois

 Environmental

 Protection

Agency,

 Attn.:

 Fiscal

 Services, 2200 Churchill

 Road,

 P.O.

Box

 19276,

Springfield,

 Illinois 62794—9276.

COUNTY:

 LaSaile

DATE OF INSPECTION:

$500.00

rmi /l532v/sp