ILLINOIS POLLUTION CONTROL BOARD
June
15, 1995
WILLIAMSON COUNTY SOLID
)
WASTE MANAGEMENT OFFICE,
)
)
Complainant,
)
V.
)
AC 95—32
(Administrative Citation)
KAREN
ADDISON,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the May 4,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Williamson
County Solid Waste Management Office
(Williamson 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 Karen Addison on April 29,
1995.
Williamson County alleges that on April 25,1995, Karen
Addison, present owners and/or operators of a facility located in
Williamson County and commonly known to the County as Karen
Addison dump site, 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.
Karen Addison 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 Karen Addison 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 ienaltv has already been
paid,
within 30 days of the date of this order Karen Addison
shall, by certified check or money order payable to the
Williamson County Treasurer, pay a penalty in the amount of
$500.00, which is to be sent to:
Williamson County Treasurer’s
200 West Jefferson Street
Marion,
Illinois 62959
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.
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,
Motions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
.c4erk of the Illinois Pollution Control
Board,~.hereby certify
~th~t
the above order was adopted on the
/~5~day of
,
1995,
by a v.Qte of
______
7/
~,i
~~L7
~
Dorothy M.,4unn, Cl~rk
Illinois P~LlutionControl Board
_—~1
ADMINISTRATIVE
CITATION
MA(
3
4
1995
I
S~’:
WILLIAMSON COUNTY SOLID WASTE
)
MANAGEMENT OFFICE,
ComplaInant,
V.
~&
KAREN ADDISON,
Respondent.
1
JURISDICTION
This Administrative Citation is issued pursuant
to authority
vested in the Illinois Environmental Protection Agency by Public
Act 84-1320
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2,
para.
1031.),
(recompiled as 415 ILCS 5/1~56.6)and delegated to Williamson
County pursuant to Ill.
Rev. Stat.
1987,
ch.
111
1/2,
para.
1004(r),(recompiled
as
415 ILCS
5/1—56.6).
FACTS
1. That Respondent, Karen Addison,
is the present
owner and/or operator of a facility located in the County of
Williamson,
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. 1998620028. Said facility
is commonly known
to the County as Karen Addison dump site.
3.
That Respondent has owned and/or operated said facility
at all times pertinent hereto.
4.
That on April
25,
1995, Alan Edwards,
of
the
Williamson County Solid Waste Management Office,
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 Alan Edwards,
the
Williamson County Solid Waste Management Office has determined
that Respondent has caused or allowed the open dumping at the
above described facility
in
a manner which resulted in the
following occurrences:
A. That on April
25,
1995, an on-site inspection of
said facility disclosed the following:
(1) Causing or allowing litter
(415 ILCS 5/1
et seq)
(formerly
Ii. Rev. Stat.
Ch.
111
~,
1001
et.
seq.).
(Section
21
(p)
(1) of the Act).
CIVIL PENALTY
Pursuant to
(Ill. Rev.
Stat.
ch.
111
1/2, para.
1042(b)(4)
(1991)
(recompiled as 415 ILCS 5/1-56.6),
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
($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 Williamson County 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 June 02,
1995.
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 Williamson County Treasurer,
200 W. Jefferson St., Marion,
Il.
62959. 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 Williamson County State’s 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 Williamson County and
the Illinois Pollution Control Board,
if any, the Williamson
County State’s Attorneys 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 Ill. Rev.
Stat.
ch.
111
1/2,
para.
1031.1
(1991),
(recompiled as 415 ILCS 5/1-56.6).
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 Williamson
County State’s Attorney. 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 Williamson County State’s Attorney at the
Williamson County Courthouse,
200 West Jefferson St., Marion,
Ii.
62959.
R
Charles R. Garnati
Date: April
28,
1995
REMITTANCE FORM
Complainant,
Respondent.
FACILITY:
Karen Addison
COUNTY:
Williamson
SITE CODE NO.: 1998620028
CIVIL PENALTY: $500.00
DATE OF INSPECTION:
April
25,
1995
DATE REMITTED
—
SSN/FEIN NUMBER
SIGNATURE
NOTE
Please enter the date of your remittance, your Social Security
Number
(SSN)
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 this
Remittance
Form,
to the Williamon County Treasurer,
200 West
Jefferson St., Marion,
Il.
62959.
Williamson County Solid Waste
Management Office,
v
Karen Addison,
STATE
OF
ILLINOIS
COUNTY
OF
WILLIAMSON
MAY
3 4
1995
WILLIAMSON
COUNTY
SOLID
WASTE
)
MANAGEMENT
1
)
ST~TEUF
~
Complainant,
)
~
COr~T1.~2~?
v.
)
Karen
Addison,
Respondent.
AFFIDAVIT
Affiant,
Alan
Edwards,
being
first
duly
sworn,
voluntarily
deposes
and
states
as
follows:
1.
Affiant
is
a
field
inspector
employed by the Williamson
County
Solid
Waste
Management
Office
and
has
been
so
employed
at
all
times
pertinent
hereto.
2.
On
April
25,
1995,
between
10:20
a.m.
and
10:45
a.m.,
Affiant
conducted
an
inspection
of
a
disposal
site
operated
without
an
Illinois
Environmental
Protection
Agency permit,
located in Williamson County,
Illinois,
and known as Karen
Addison open dump site by the Williamson County Solid Waste
Management Office.
Said site has been assigned site code number
1998620028 by the Agency.
3. Affiant inspected said Karen Addison open dump site
by an on-site inspection which included walking and photographing
the site.
4.
As
a
result
of
the
material
actions
referred
to
in
paragraph
3 above, Affiant completed the Inspection Report
form
attached
hereto
and
made
a
part
hereof,
which,
to
the
best of Affiant’s knowledge and belief,
is an accurate
representation of Affiant’s observations and factual conclusions
with
respect
to said Karen Addison open dump site inspection.
~AL~
~
Alan Edwards,
Inspector
Subscribed and Sworn to before me
this
~‘~34~-
day
of_________
/
Notary
Public
TMOFFICIAL
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CIEflA GOWER
Nothry
Pubik,
State
ol Znc~
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