ILLINOIS POLLUTION CONTROL BOARD
October 20,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
V.
)
AC 94—77
)
(IEPA No. 442—94-AC)
(Administrative Citation)
ROBERT L.
BEST,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the August 30,
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 Robert L. Best on August
27,
1994.
The Agency alleges that on July 8,
1994, Robert
L.
Best,
present owner and/or operator of a facility located in
Macon County and commonly known to the Agency as
Decatur/Svendsen, 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.
Robert
L. Best 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 Robert L.
Best,
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 $1000.00.
1. It is hereby ordered that, unless the penalty has already been
paid,
within 30 days of the date of this order Robert L. Best
shall,
by certified check or money order payable to the
Illinois Environmental Protection Trust Fund, pay a penalty in
the amount of $1000.00, which
is to be sent to:
Fiscal Services
Illinois Environmental Protection Agency
2200 Churchill Road,
P.
0. Box 19276
Springfield, Illinois 62794—9276
2. Respondent shall include the remittance form and write the
case name and number and his social security or federal
Employer Identification Number on the certified check or money
order.
2
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
the violation continues.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS 5/41
(1992)), provides for appeal of final orders of the Board within
35 days.
The Rules of the Supreme Court of Illinois establish
filing requirements.
(See also 35 Ill. Adm. Code 101.246,
Notions for Reconsideration.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify ~ha~ the above order was adopted on the
~
day of
,
1994,
by a vote of
~$_
—~)
//
7
Dorothy N..-/Gunn,
Clerk
Illinois ~Pb1lutionControl Board
RECEIVED
~4UG
3
0
‘1994
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATEOF!LL!NOIS
POLLUTiON CONTROL
BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
AC
~
)
(IEPA No.
442-94-AC)
v.
)
)
ROBERT
L.
BEST,
)
)
Respondent.
)
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.
111½,
para.
1031.1.
FACTS
1.
That Respondent Robert
L.
Best
is the present owner and/or
operator of a facility located in the County of Greene,
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. 0618010004.
Said facility is commonly known to the Agency as
El dred/Best.
3.
That Respondent
has owned
and/or operated said facility at
all
times pertinent hereto.
4.
That
on July
8,
1994, John Senjan,
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.
VIOLATIONS
On the basis of direct observation of John Senjan, the
Illinois
Environmental
Protection Agency 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 July 8,
1994 an on-site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter in violation of 415 ILCS
5/21(p) (1),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
102l(p)(1).
(2)
Causing or allowing open burning
in violation
of 415
ILCS
5/21(p) (3),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1021(p)(3).
CIVIL PENALTY
Pursuant
to 415
ILCS
5/42(b)(4),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
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 One Thousand Dollars
($1,000.00).
Additionally, should
Respondent
elect to petition the Illinois Pollution
Control
Board under the
review process described hereinbelow,
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 thanOctober 5, 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
-2-
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 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.
~
415
ILCS 5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111½,
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.
—3-
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
Illinois Environmental
Protection Agency at 2200 Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276, Attention:
Division of
Legal
Counsel.
2n
t4ary~’~ade,Director
/4
~
Illinois Environmental
Protection Agency
Prepared
by:
Todd Rettig
Illinois
Envi ronmental
Protection Agency
2200 Churchill Road
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217) 782—5544
Date:
_______________
BD:c~w\Open
RECEIVED
REMITTANCE
FORM
~
3
01994
STATE
OF
ILLINOIS
POLLUTION CONTROL
BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
//
v.
)
EPA 442-94-AC
)
ROBERT
L.
BEST,
)
Respondent.
FACILITY:
Eldred/Best
SITE CODE NO.:
0618010004
COUNTY:
Greene
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
July 8,
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.
-5—