ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V.
)
AC 94—57
(IEPA No.
364—94—AC)
(Administrative Citation)
JOSEPH POWELL and
)
DELLA POWELL,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the July 18,
1994
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 Joseph Powell and Della
Powell on July 15,
1994.
The Agency alleges that on May 23,
1994,
Joseph Powell and Della Powell, present owners and/or
operators of
a facility located
in Menard County and commonly
known to the Agency as Sweetwater Powell, violated Sections
21(p) (1)
and 21(p) (3)
of the Act.
The statutory penalty
established for each violation is $500.00 pursuant to Section
42(b) (4)
of the Act.
Joseph Powell and Della Powell 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 Joseph
Powell and Della Powell have violated the 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.
1.
It is hereby ordered that,
unless the ~enaltv has already been
paid, within
30 days of the date of this Order Joseph Powell
and Della Powell shall,
by certified check or money order
payable to the Illinois 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,
P.
0. Box 19276
Springfield,
Illinois 62794—9276
2
2. Respondents shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Numbers 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.
IT IS SO ORDERED.
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.)
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boar~,,.hereby certify that the above order was adopted on the
,/~—
day of
.~
~477
-97.~
~_-
,
1994, by a vote of
Dorothy
M. Q~nn,Clerk
Illinois Porlution Control Board
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
1
8
1994
ADMINISTRATIVE CITATION
STATE OF IWNO!S
POLLU’~ON
CQ~’JTPOL
BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
AC________________
v.
)
(IEPA
No. 364—94—AC)
)
JOSEPH
C.
POWELL and DELLA
I.
POWELL,
)
)
Respondents.
)
JURISDICTION
This Administrative Citation
Is
issued
pursuant to authority vested
in the
Illinois Environmental
Protection Agency
by 415
ILCS 5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111
1/2, para.
1031.1.
FACTS
1.
That Respondents are
the present owner and/or operator of
a facility
located
in
the County of Menard, 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.
1298610001.
Said facility
is commonly known to the Agency
as
Sweetwater Powell.
3.
That Respondents have owned and/or operated
said facility
at
all
times pertinent hereto.
4.
That on May 23,
1994,
Charles King,
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.
Page 2
VIOLATIONS
On
the basis of direct observation of Charles
King,
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 May
23,
1994
an on—site Inspection of
said facility disclosed
the following:
(1)
Causing or allowing litter
in violation of 415 ILCS 5/21(p)(l),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
102l(p)(l).
(2)
Causing or allowing open burning in violation of 415 ILCS
5/21(p)(3),
1992;
Ill.
Rev.
Stat.
ch.
ill
1/2,
para.
102l(p)(3).
CIVIL PENALTY
Pursuant
to 415 ILCS
5/42(b),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l042(b)(4), Respondents herein are subject to a civil
penalty of
Five Hundred
Dollars ($500.00) for each violation specified above
In Paragraph A,
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 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 for each finding of violation.
Page 3
If you acknowledge
the violations cited hereinabove,
the civil
penalty
specified above
shall
be due and payable no later than
August 29,
1994
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
payme.nt
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.
Page
4
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~
415 ILCS
5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
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 (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 Nest 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.
~
Prepared
by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 ChurchIll
Road
P.O.
Box 19276
Springfield,
IL
62794—9276
217/782—5544
Date:______________________
ct,929w,l2—l5
REMITTANCE_FORM
RECEIVED
JUL
1
8
1994
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
STATE OF LLINO~S
Complainant,
-
POLLUTION
CONTROL
BOARD
~c
v.
)
EPA
364—94—AC
JOSEPH
C.
POWELL
and
DELLA
I.
POWELL,
Respondents.
FACILITY:
Sweetwater/Powell
SITE CODE NO.:
1298610001
COUNTY:
Menard
CIVIL
PENALTY:
$1,000.00
DATE OF INSPECTION:
May 23, 1994
DATE REMITTED:
__________________________
SS/FEIN NUMBER:
__________________________
SIGNATURE:
______________________________
NOTE
Please enter the date of your remittance, your Social
Security number (SS)
if
an
individual or Federal
Employer IdentIfication Number (FEIN)
if
a
corporation, and sign this Remittance
Form.
Be
sure your check
is enclosed
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.
ct,929w, 16