ILLINOIS POLLUTION CONTROL BOARD
    December 1,
    1994
    COUNTY
    OF
    DUPAGE,
    )
    )
    Complainant,
    V.
    )
    AC 94—86
    (County No. 94CD830)
    (Administrative
    Citation)
    HERMAN
    “PETE”
    PETERSDORF,
    )
    Respondent.
    ORDER OF THE BOARD (by
    C.
    A.
    Manning):
    This matter comes before the Board upon the October
    3,
    1994
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act (Act)
    by DuPage 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 Herman “Pete”
    Petersdorf on September 9,
    1994.
    The County alleges that on
    September 2,
    1994, Herman “Pete” Petersdorf, present owner and/or
    operator of a facility located in DuPage County and commonly
    known to the County as Petersdorf Pete, 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.
    Herman “Pete” Petersdorf 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 Herman “Pete”
    Petersdorf, has violated the provisions alleged in the
    Administrative Citation as amended by the September 9,
    1994
    stipulation.
    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
    iaid, within 30 days of the date of this order Herman “Pete”
    Petersdorf shall,
    by certified check or money order payable to
    the DuPage County Treasurer, pay a penalty in the amount of
    $500.00, which is to be sent to:
    Rodd Elges
    DuPage County Solid Waste Department
    421 N. County Farm Road
    Wheaton, Illinois 60187
    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
    2
    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.
    Adiu. Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /‘~
    day of
    ,
    1994,
    by a vote of
    Ill
    Control
    Board
    ~EIVED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    OCT
    -31994
    ADMINISTRATIVE CITATION
    COUNTY
    OF
    DUPAGE,
    )
    POLLUflQN~~oARD
    )
    PETITIONER
    )
    V.
    )
    AC
    7./—fC
    )
    State’s Attorney
    HERMAN “PETE” PETERSDORF,
    )
    File Nos. 94CD830
    94SA830
    )
    RESPONDENT.
    JURISDICTION
    This
    Administrative
    Citation
    is issued pursuant to authority vested
    in the Illinois Environmental Protection Agency by Public Act 84-
    1320 (Illinois Compiled Statutes,
    1992, Ch. 415, par. 5/31.1), and
    delegated to DuPage County pursuant to Illinois Compiled Statutes,
    1992,
    Ch. 415, par. 5/4.
    FACTS
    1.
    Respondent, Herman “Pete” Petersdorf, is the present owner of
    the
    property
    located
    at
    2
    N
    581
    Mildred,
    Bloomingdale
    Township, in the County of DuPage, State of Illinois.
    2.
    Said property is a residential site upon which a significant
    amount of fuel oil was spilled
    in the process of removing a
    fuel oil tank from the premises.
    The site is designated with
    Site Code No. 0438010007.
    Said facility is commonly known to
    the Agency and DuPage County as Petersdorf,
    Pete.
    3.
    Respondent has
    owned said property
    at all
    times pertinent
    hereto.
    4.
    Inspector Rodd Elges,
    of the County of DuPage conducted an
    inspection of the subject premises on April 22, 1994 at which
    time
    he
    observed
    an
    oil
    spill
    on
    the
    subject
    premIses.
    Respondent was issued an administrative warning notice on May
    2,
    1994 for causing or allowing the oil spill on the subject
    premises,
    (attached hereto
    as Exhibit
    “A” and made a part
    hereof).
    The Respondent submitted a response to the County of
    DuPage on June 14,
    1994,
    (attached hereto as Exhibit “B” and
    made a part hereof).
    To allow for completion of the work
    indicated by the Respondent in the June 14, 1994 response, the
    County
    of
    DuPage
    extended
    the
    completion
    deadline
    for
    corrective
    action
    to
    July
    29,
    1994,
    set
    forth
    in
    correspondence by from the DuPage County State’s Attorneys
    Office dated July 6,
    1994,
    (attached as Exhibit “C” and made
    a part hereof).
    This filing submitted on recycled paper.
    5.
    Inspector Rodd Elges, performed six inspections subsequent to
    the issuance of the administrative warning notice on May 2,
    1994 and prior to the inspection dated September
    2,
    1994,
    during which
    inspections he noted continued violations,
    as
    indicated in the attached inspection reports
    identified as
    Exhibits
    “Dl”,
    “D2”,
    “D3”,
    “D4”,
    “D5”,
    “D6”,
    attached
    hereto
    and
    made
    a part
    hereof.
    Inspector
    Elges
    prepared
    a
    summary
    of
    said
    inspections
    on September
    19,
    1994,
    attached hereto as
    Exhibit “E” and made a part hereof.
    5.
    Inspector Elges conducted an inspection of said premises on
    September
    2,
    1994
    at
    which
    time
    he
    observed
    continued
    violations
    as
    indicated
    below.
    A
    verified
    copy
    of
    the
    inspection report setting forth the results of said inspection
    is attached hereto as Exhibit “F” and made a part hereof.
    VIOLATIONS
    On the basis of direct observations of Rodd Elges,
    the County of
    DuPage has determined that Respondent was conducting a solid waste
    management site at the above—described facility, which is required
    to have a permit pursuant to Illinois Compiled Statutes, 1992,
    Ch.
    415, par.
    5/21
    (d),
    in
    a manner which resulted
    in the following
    conditions:
    A.
    That
    on
    September
    2,
    1994
    an
    on-site
    inspection
    of
    said
    premises disclosed the following:
    Causing or allowing litter in violation of Illinois
    Compiled Statutes,
    1992,
    Ch.
    415, par.
    5/21(p) (1).
    Causing
    or
    allowing
    scavenging
    operations
    in
    violation of Illinois Compiled Statutes, 1992,
    Ch.
    415, par.
    5/2l(p)(2).
    Causing or allowing open burning
    in violation of
    Illinois
    Compiled
    Statutes,
    1992,
    Ch.
    415,
    par.
    5/21(p) (3).
    Causing
    or
    allowing
    the
    deposition
    of
    waste
    in
    standing or flowing waters in violation of Illinois
    Compiled Statutes, 1992,
    Ch.
    415, par. 5/21(p) (4)
    Causing or allowing proliferation of disease vectors
    in violation of Illinois Compiled Statutes,
    1992,
    Ch.
    415, par. 5/21(p)(5).
    Causing or allowing the generation of standing or
    flowing liquid discharge from the open dump site in
    violation of Illinois Compiled Statutes,
    1992,
    Ch.
    415, par. 5/21(p) (6).
    —2—
    Causing or allowing the operation of an open dump
    so as to cause or threaten or allow the emissions
    of contaminants so as to cause or tend to cause air
    pollution
    in
    violation
    of
    Illinois
    Compiled
    Statutes,
    1992, Ch.
    415, par.
    5/9(a)
    and
    (c).
    Causing or allowing the operation of an open dump
    so as to cause or threaten or allow the discharge
    of any contaminants so as to cause water pollution
    in
    Illinois
    in
    violation
    of
    Illinois
    Compiled
    Statutes,
    1992,
    Ch. 415, par. 5/12(a)
    and (d).
    Acceptance of special waste for disposal, storage
    or treatment from a waste hauler that does not have
    a valid waste hauling permit in violation Section
    809.302(a)
    of
    the
    State
    of
    Illinois
    Solid Waste
    Regulations,
    35 Ill. Adm. Code, Subtitle G.
    Acceptance of special waste for disposal, storage
    or
    treatment
    from
    a
    waste
    hauler
    that
    did
    not
    present
    a
    signed
    manifest
    which
    designated
    the
    receiver’s
    facility
    as
    a
    destination
    for
    the
    special waste in violation of Section 809.302(a) of
    the State of Illinois Solid Waste Regulations,
    35
    Ill. Adm.
    Code,
    Subtitle G.
    X
    Causing
    or
    allowing
    the
    development
    and/or
    operation of a solid waste management site without
    a
    permit
    issued
    by
    the
    Illinois
    Environmental
    Protection Agency
    in violation of Sections 807.201
    and 807.202 of the State of Illinois Solid Waste
    Regulations,
    35 Ill. Adm. Code, Subtitle G.
    X
    Causing or allowing the open dumping of any waste
    in violation of Illinois Compiled Statutes,
    1992,
    Ch.
    415, par. 5/21(a).
    X
    Conducting any waste—storage, waste—treatment, or
    waste—disposal
    operation
    without
    a
    permit
    granted
    by
    the Agency
    in violation
    of
    Illinois
    Compiled
    Statutes,
    1992,
    Ch. 415, par.
    5/21(d).
    Apparent violation of
    :
    PCB
    (
    );
    Circuit
    Court
    (
    )
    Case Number
    ______________,
    Order entered
    on
    _______,
    19_.
    CIVIL PENALTY
    Pursuant
    to
    Illinois
    Compiled
    Statutes,
    1992,
    Ch.
    415,
    par.
    5/42(b) (4), Respondent herein is subject to a civil penalty of Five
    Hundred Dollars
    ($500.00)
    for causing or allowing litter,
    for a
    total of Five Hundred Dollars,
    ($500.00).
    —3—
    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 violation alleged herein,
    after an adjudicatory hearing, Respondent shall be assessed the
    associated
    hearing costs
    incurred by the DuPage
    County
    State’s
    Attorney 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
    November
    7,
    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 payment is made,
    your check
    should be made payable to the
    DuPage County Treasurer, and mailed to the attention of Rodd Elges,
    DuPage County Solid Waste Department, located at 421 N. County Farm
    Road,
    Wheaton,
    Illinois 60187.
    Also,
    please complete and return
    the enclosed Remittance Form,
    along with your payment,
    to assure
    proper documentation of payment.
    If any
    civil
    penalty,
    by
    reason
    of acknowledgment,
    default or
    finding after
    adjudicatory
    hearing,
    is
    not paid when
    due,
    the
    Illinois
    Environmental
    Protection
    Agency
    shall
    take
    into
    consideration such failure to pay during any permit review process
    upon your
    application
    for
    a
    new
    permit
    or
    for
    renewal
    of
    an
    existing permit.
    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.
    Furthermore, if payment is not received when due, the DuPage County
    State’s
    Attorney may
    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
    Pollution Control Board,
    if any, the State’s Attorney will seek to
    recover their costs of litigation.
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    See
    Public Act 84-1320 (Illinois Compiled Statutes, 1992, Ch. 415, par.
    5/31).
    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
    DuPage
    County
    State’s
    Attorney,
    Attention:
    Raymond L.
    Hansen.
    —4—
    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 DuPage
    County
    State’s
    Attorney
    at
    505
    N.
    County
    Farm Road,
    Wheaton,
    Illinois
    60187,
    Attention:
    Raymond L. Hansen
    For:
    James
    E. Ryan
    DuPage County State’s Attorney
    Date:
    ___________
    /7~y~
    1994
    Assistant State’s Attorney
    —5—
    REMITTANCE
    FORM
    COUNTY
    OF
    DUPAGE,
    )
    PETITIONER
    )
    AC No.
    _________
    State’s
    Attorney
    V.
    )
    File
    Nos.
    94cD830
    94SA830
    )
    HERMAN
    “PETE”
    PETERSDORF,
    )
    )
    RESPONDENT.
    FACILITY: PETERSDORF, PETE
    SITE CODE NO.: 0438010007
    2 N 581 MILDRED
    BLOOMINGDALE TOWNSHIP
    COUNTY:
    DUPAGE
    CIVIL PENALTY: $500.00
    DATE OF INSPECTION: SEPTEMBER 2, 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 DuPage County Solid Waste Department,
    421 N. County Farm Road,
    Wheaton,
    Illinois
    60187.
    Make the check payable to the DuPage
    County Treasurer.

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