ILLINOIS POLLUTION CONTROL BOARD

November 18,

1993

SANGAMON

COUNTY,

Complainant,

v.

AC

93—51

(SCDPH—9 3—AC—li)

)

(Administrative

Citation)

PETER

RAPACZ,

)

)

Respondent.

ORDER

OF THE

BOARD:

•This matter comes before the Board upon an October

4,

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 Peter Rapacz

on October

2,

1993.

Sangamon County alleges that on September

3,

1993, Peter Rapacz, present owner and/or operator of a facility

located in Sangamon County and commonly known to the Agency as

Clearlake Township/Pete’s Heating and Cooling, violated Sections

21(p) (1) and 21(p) (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.

Peter Rapacz 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. Peter Rapacz, has

violated the provisions alleged in the Administrative Citation.

Since there are two

(2) such violations,

the total penalty to be

imposed is set at $1,000.00.

1.

It

is hereby ordered that, unless the ~enaltv has already been

p~j~d,within 30 days of the date of this order Peter Rapacz

shall,

by certified check or money order payable to the

Sangamon County Public Health Department, pay a penalty in the

amount of $1,000.00, 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. 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

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,

Notions for Reconsideration.)

IT

IS

SO

ORDERED.

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Boa;d

ereby certify that the above order was adopted on the

/

day of

,

1993,

by

a

vote

of

~

-i,.

Dorothy N.

c34ifln,

Clerk

Illinois PQ9&ltion Control Board

---

I

~

•

——

____

I

OCT

41993

___ThE

iua~nisiumria~a~i~ B~

~

C~EEC1~

I

STATE OF IWNO~S

j~9LWTION

CONTROL

BOAR)

Qitplainant,

)

PC

~in1strative

c~itatfrzi

-vs.-

)

SaI’H-93-PC-1 1

)

Peter

RapecZ,

)

)

)

JURI~)I~

This

Aaninistrative

Citation

is

issued

pursuant

to

authority

vested

in

the

I1lir~is

&ivircxinental

Protection

Aga~icy

by.

41 5~II~5/31.1

(1993),

and

delegated

to

Sangamxl

County pursuant

to

415 IL~ 5/4

(r)

(1 Q’~1

~

-

1

•

That

the

Respcx~dent,Peter

Rapacz,

is

the j*esent

_——

and operator

of

a

facility

located

in

the

Q’*inty of

Sangancn,. State

of Illinois.

2.

~That

said

facility

is an open d~i~p,operating

withcxit

~i

Illinois

•~ivirxmental

Protection

Agency

Operating

Permit,

and

~signated

with

Site

Code

No.

1670350002.

Said

facility

is

u,fli~~nlykrx~aito

the

Agency

as

Clearlake

Twp. /Pete’s

Heating

and

Cooling.

3.

That

the

Respondent,

Peter

Rapacz,

has

owned

and

operated

said

operated

said

facility,

at

all

tines

pertinent

hereto.

4

•

That

on

Septanber

3,

1993,

Brian

W3od and Allen

Alexander,

Waste

Manag~nentSpecialists

with

the

Sanganon

County De~~t

of

Public

health,

44~r

inspected

the

above

described

facility.

A

~py

of the

inspection report

setting

forth

the

results

of

such

inspection

is

att~ed

hereto

and

~

a

part

hereof.

---

vI~

•

(~

the

basis

of

the

direct

observations

of

Brian

Wood

and

Alien

Alexander,

Sangancri

County has

determined that

Respondent has

caused or

allowed

open

dumping at

the

above described

facility in a manrer which

resulted

in

the

following

occurrences:

A.

That

on

Septenber

3,

1993,

an on-site inspection of said facility

disclosed

the

following:

X

Causing

or

allowing

litter (415 IlLS 5/21

(p)

(1)

(1993)).

____

Causing

or

allowing

scavenging

operations

(415

IlLS

5/21

(p)

(2)

(1993).

X

Causing

or

allowing

open

berning

(415

IlLS

5/21

(p)

(3)

(1993)).

_____

Causing

or

allowing

the

deposition

of

•~ste

in

standing

or

flowing

~ters

(415

IlLS

5/21

(p) (4) (1993)).

•

____

Causing

or

allowing

proliferation

of disease vectors (415 ILCS

5/21

(p)

(5)

(1993)).

-4.

_____

Causing

or

allowing

the

generation..

of

standing

or

flowing

liquid

discharge

fran

the

open

dump

site

(415

IlLS

5/21

(6)

(1993)).

avii,

~II.W

Pursuant

to

415 IL~ 5/42

(b)

(4)

(1993),

‘the

Respondent

herein

is

subject

to

a

civil

penalty

of

Five

Hundred

Dol.ars

($500.00)

for

each

violation

specified

above

in

Paragraph

A

and

subparagräphs

thereunder,

for

a

total

of

$1,000.00.

Additionally,

ahc*ild

RespczxIent

elect

to

petition

the

Illinois

Pollution

Qzitrol

Board

Lu~er the

review

process

~

~

described

herein

below,

and

if there is a finding ~!

t~’~o1aticns

alleged

herein,

after

an

adjudicatory

hearing,

Respondent

shall

be

assessed

the

associated

hearing

ocsts

incurred

by

Sangancn

Qxinty

and

the

Illinois

Pollution

Control

Board,

in

~&~iticti

to

the

Five

Hundred

Dollars

($500.00)

---

statutory

penalty

for

each

finding

of

violation.

If you

ackr~ledge

the

violations

cited hereinabove, the

civil

penalty

specified

above

shall

be

due

and

payable

no

later

than

35

days

fran

the

date

of

service

of

this

Aãmtnistrative

Citation.

If

you

~

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

jud~ent

rendered against

you

shall

specify

the

due

date

of

the

statutory

civil

penalty

and

any

costs

assessed

against

you.

When

paynent

is made, your check

should

be

made payable

to

the

Sanganon

County

Public

Health

Department

and

u~ailedto

the

attentionof James D. Stone,

Director of

Public

Health,

Sangan~i County

Department

of

Public

Health,

200

South

Ninth

Street, 1~au301,

Springfield,

Illinois,

62701.

Also,

please

canplete

and return the

enclosed

Remittance

Form,

~al~

with your

payment,

to assure proper docunentaticzi of

payment.

If

any

civil penalty

imposed

by

the

Illinois

Pollution

Qntrol

Board

is

not

paid

within

the

tine

prescribed

in

the or~r,

interest

cxi

such penalty

will

be

assessed

for

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

xotj~aidwI~idue,

the

Office

Of the

Illinois

Attorney

General

or

the

Office

of

the

Sanganon

0,unty

State’s

Attorney

shall

be requested

~

~

~

collect

said

civil

penalty.

In

addition

to

the

pi~ecrious1yassiSsed

ài~ril

penalty,

interest,

and hearing costs

of

Sanganul

~thty

Agency ~the

Illinois

Pollution

(~itro1 Board,

if

any,

the

Attorney

General’s

Office

or

tie

Sanganon

County

State’s

Attorney

will

seek

to

recover

their costs of

litigation.

---

.‘

~

I

-

I

R~Il.rrj~rj.r~

‘~T~

AL~(D~ATIVE

C~TI~

You

have

the

right

to

xritest

this

Administrative

Citation.

If

yo~

elect

to

contest

this

Administrative

Citation,

you

must

file

a

Petition

fo

Review

with

the

Clerk

of

the

Illinois

Pollution

Cbntrol

Board.

A

copy

o~

the

Petition

for

Review

should

be

filed

with

the

Sanganon

County

Departmenl

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

jud~ent

shall

be

entered

by

the

Pollution

Contrp.

Board.

‘The

Petition

far

Review

may

be

filed with

the

Clerk

of

the

Illinois

Pollution

Ccntrol

Boarc~

at

the

State

of

Illinois

Center,

100

West

Ran~l~Ii,Suite

11-500,

thicago,

Illinois,

60601;

and

a

copy

of

said

Petition

for Review filed with the

Sanganon

County

Department

of

Public

Health,

200

South

Ninth

Street,

Roar

301,

Springfield,

Illinois,

62701.

~11~e

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:

September

29, 1993

JAMES D. S’I~1~E,

DIREC~R

SAN~

ax~~

DPAI~1~4EN~

(P

WBUC

HEATJL~I

BY:

j&*~

YZO4~

RC8ERT

L.

~4tTE1

Prepared

by:

Robert

L.

&nith

200

South

Ninth

Street,

Roan

402

Springfield,

Illinois

62701

(217)753—6690

JDS/RLS/AA/3~/JF:vah

---

)

Q~,biinant,

i~

93

~~f/

~th1strative

citaH~

-vs-

)

&i-°~--~C--1

1

__

)

F~ RAP~,

)

)

FAcILITY:

CrJEN~LAKE LWP./i’i±r~

‘S HEATING & ~

S~.~i~OJt~

M),:

(XXJNTY: SA~Mt~

~‘~~Vtt

I~~AL!r!:$1,~)0O.00

~TE

OF

INSPECfla’1:

SP~4BER

3, 1993

DATE

R~ITT~D:

_______

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

SIQ~WLURE:

________________________________

MYIE

Please

enter

the date of your

ranittanos,

y

‘

~ity

n*~er(S.S.#)

if

an

individual,

or your Federal BoployerItjva~~~p~E.E.I.N.)

if a

corporation,

and

sign

this

Ranittauce

~a.

~

~~at~~theck

is

enclosed

and

mail,

along with

this

form,

to

J~~’~s

1).

atat~,

Dixector,

Sanganon

County

Departmit

of

Public

Health,

200

South

9th Stre$,~ Boom

301,

Springfield,

Illinois,

62701.

~

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