ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1994
    COUNTY
    OF MADISON,
    Complainant,
    V.
    )
    AC 94—70
    (County No.
    94—1)
    (Administrative Citation)
    LEROY BECK,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon an August
    12,
    1994
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Madison
    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 Leroy Beck
    on August
    10,
    1994.
    Madison County alleges that on June 14,
    1994,
    Leroy Beck, present owner and/or operator of
    a facility
    located in Madison County and commonly known to the County as
    Moro/Beck, 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.
    Leroy Beck 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 Leroy Beck, 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 ienalty has already been
    paid, within 30 days of the date of this order Leroy Beck
    shall, by certified check or money order payable to the
    General Fund-Solid Waste Fine, pay a penalty in the amount of
    $500.00, which is to be sent to:
    John M. Shimkus
    Madison County Treasurer
    157
    N. Main Street
    Edwardsville, Illinois 62025
    2. Respondent shall include the remittance form and write the
    case name and number and his social security or federal
    Employer Identification Number on the certified check or money
    order.

    2
    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.
    Adin.
    Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify tha~1thqabove order was adopted on the
    (L’~
    day of
    ,
    1994, by a vote of
    /~.
    Dorothy M. ,~1nn,Clerk
    Illinois Pb)/lution Control Board

    J~E1Vi~1
    AUG
    121994
    5fi~i~
    OF
    !LLINO;s
    I
    ~.‘S
    DLLLfl~JNC~J~TROLBO~D
    ADMINISTRATIVE CITATION
    COUNTY OF MADISON,
    )
    Complainant,
    )
    ,4c
    ~y-2o
    vs.
    )
    Madison County
    )
    Citation #94—01
    LEROY BECK,
    )
    Respondent
    )
    JURISDICITION
    This Administrative Citation is issued pursuant to authority
    vested in the Illinois Environmental Protection Agency by 415 ILCS
    5/31.1
    (1992 State Bar Edition)
    formerly
    Ill. Rev. Stat. 1991,
    cli.
    111 1/2, par.
    1031.1
    and delegated to Madison County pursuant to
    415 ILCS 5/4(r)
    (1992 State Bar Edition)
    formerly
    Ill. Rev. Stat.
    1985,
    Supp.
    1986,
    cli.
    111 1/2,
    par. 1004(r)).
    FACTS
    1.
    That Respondent is the present owner and/or operator of a
    facility located in the County of Madison, State of Illinois.
    2.
    That said facility
    is an open dump,
    without an Illinois
    Environmental Protection Agency Operating Permit,
    and designated
    with Site Code No. 1198120012.
    Said
    facility is commonly known to
    the Agency as Moro/Beck.
    3.
    That Respondent has operated said facility at
    all times
    pertinent hereto.
    4.
    That
    on June
    14,
    1994,
    David
    Terry
    of Madison County
    Environmental Department 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.
    VIOLATIONS
    On the basis of direct observation of David Terry, the Madison
    County Environmental Department 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 June
    14,
    1994
    an
    on-site
    inspection
    of
    said
    facility disclosed the following:
    X
    Causing or allowing litter 415 ILCS 5/21(p) (1)
    (1992 State Bar Edition)
    formerly
    Ill. Rev.
    Stat.
    1991,
    cli.
    11.
    1/2,
    par.
    1021(p) (1).
    ____
    Causing or allowing scavenging operations 415 ILCS
    5/21(p) (2)
    (1992 State Bar Edition)
    formerly
    Ill.
    Rev. Stat.
    1991,
    cli.
    111 1/2, par.
    1021(p) (2)).
    ____
    Causing or allowing open burning 415 ILCS 5/21(p)
    (3)
    (1992 State Bar Edition)
    formerly
    Ill. Rev.
    Stat.
    1991,
    ch.
    11.
    1/2, par. 1O21(p)(3).
    ____
    Causing or allowing the deposition of waste in
    standing or flowing waters 415 ILCS 5/21(p) (4)
    (1992 State Bar Edition) formerly
    Ill. Rev. Stat.
    1991,
    ch.
    111 1/2, par.
    1021(p) (4).

    Causing or allowing proliferation of disease
    vectors
    41.5 ILCS 5/21(p) (5)
    (1992 State Bar
    Edition)
    formerly
    Ill. Rev.
    Stat.
    1991,
    ch.
    111.
    1/2, par.
    1021(p) (5).
    Causing or allowing the generation of standing or
    flowing
    liquid
    discharge from the open dump site
    415 ILCS 5/21(p)(6)
    (1992 State Bar Edition)
    formerly
    Ill. Rev. Stat.
    1991,
    ch.
    113. 1/2,, par.
    1021(p) (6)).
    CIVIL PENALTY
    Pursuant to 415 ILCS 5/42(b) (4)
    (1992 State Bar Edition)
    formerly
    Ill.
    Rev.
    Stat.
    1991,
    ch
    11.
    1/2,
    par.
    1042(b)(4),
    Respondent herein
    is subject
    to
    a civil penalty
    of
    Five Hundred
    Dollars
    ($
    500.00)
    for
    each
    violation
    specified
    above
    in
    Paragraph A.,
    for a
    total
    of
    Five Hundred Dollars
    ($500.00).
    Additionally,
    should Respondent
    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, Respondent
    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.

    If you acknowledge the violations cited hereinabove, the civil
    penalty specified above shall be due and payable no later than
    than 35 days from the Date of Service.
    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 or money order should be made
    payable
    to the General Fund
    -
    Solid Waste Pine and mailed to the
    attention of John M.
    Shimkus, County Treasurer,
    157
    N. Main St.,
    Edwardsville,
    IL
    62025.
    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 acknowledgement,
    default
    or
    finding after
    adjudicatory
    hearing
    is
    not
    paid
    when
    due,
    the
    Office
    of
    the
    Madison
    County
    States
    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 the Illinois Environmental Protection Agency and

    the
    Illinois
    Pollution
    Control
    Board,
    if
    any,
    the
    State’s
    Attorney’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 415 ILCS 5/31.1
    (1992 State Bar Edition)
    formerly
    Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1031.1.
    If you elect
    to contest
    this Administrative Citation, you must file a Petition for Review
    with the Clerk of Illinois Pollution Control Board.
    A copy of the
    Petition for Review should be filed with the Madison County States
    Attorney’s Office.
    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 Madison
    County
    States
    Attorney’s
    Office,
    157
    N.
    Main
    St.,
    Suite
    402,
    Edwardsville,
    IL
    62025.
    Attn:
    Nelson
    Metz,
    Assistant
    States
    Attorney, Madison County.
    Jos~.~re~e
    ,~
    ~
    Admi
    ~strator
    Madison County Assistant
    Solid Waste Management
    State’s Attorney
    157 N. Main Ste.
    254
    157
    N. Main Ste.
    402
    Edwardsville, IL
    62025—1964
    Edwardsville,
    IL
    62025—1969
    (618)692—6200,
    ext.
    4616
    (618)692—6200,
    ext.
    4550

    REMITTANCE
    FORM
    COUNTY OF MADISON,
    )
    Complainant,
    )
    ~
    Madison County
    vs.
    )
    Citation #94-01
    LEROY BECK
    )
    Respondent.
    FACILITY: Moro/Beck
    SITE CODE NO.:
    1198120012
    COUNTY:
    Madison
    CIVIL PENALTY:
    $
    500.00
    DATE OF INSPECTION: June 14,
    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
    Num~ber (FEIN)
    if a corporation,
    and sign this Remittance
    Form.
    Be
    sure your check is enclosed and mail,
    along with Remittance Form,
    to
    John
    N.
    Shimkus,
    County
    Treasurer,
    157
    N.
    Main
    St.,
    Edwardsville,
    IL
    62025.

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