ILLINOIS POT1LTJTTON CONTROL BOARD
July 20, 1995
WILL COUNTY,
)
Complainant,
V.
)
AC 95—42
)
(County No.
95 AC 06)
EDWARD and DORIS
)
(Administrative Citation)
VAN
DRUNEN,
)
)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon the June
9,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by Will 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 Edward and Doris Van
Drunen on June 6,
1995.
Will County alleges that on May 31,
1995,
Edward and Doris Van Drunen present owners and/or operators
of a facility located in Will County and commonly known to the
County as Crete TWP. /Smits Farm, 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.
Edward and Doris Van Drunen haves 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 Edward and
Doris Van Drunen have violated the provision alleged in the
Administrative Citation.
Since there is
(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
paid, within 30 days of the date of this order Edward and
Doris Van Drunen shall, by certified check or money Order
payable to the Will County Treasurer, pay a penalty in the
amount of $500.00, which is to be sent to:
The Will County Land Use Department
Solid Waste Division
Attn:
Frank Kalisik, Waste Services Analyst
501 Ella Avenue
J’oliet, Illinois 60433
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 M.
Gunn,
Clerk of the Illinois Pollution Control
Boar~,jterebycertify that ~Ae above order was adopted on the
~
‘~dayof
t.A~2-t-
1995,
by a vot
of
A
Dorothy M. Gjn~,Clerk
Illinois P0 1 tion Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL B~
STATE OF ILLINOIS
COUNTY
OF WILL
ADMINISTRATIVE CITATION
RECE~VE~b1
ARDJUN
-
9
1995
STATE OF ILLINOIS
POLLUTION
CONTROL~
BOA1~D
JURI8DICTI~
This Administrative Citation is issued pursuant to the
authority vested
in
the
Illinois Environmental Protection
Agency by Ill.
Rev. Stat.
1991,
cli. 111 1/2, par. 1031.1, and
delegated to Will County pursuant to Ill. Rev. Stat. 1989, ch.
111 1/2, par.
1004
(r).
FACTS
1.
That Respondents, Edward and Doris Van Drunen, are
the present owner and/or operator of a facility located in the
County of Will, State of Illinois.
2.
That said site is an open
dump,
operating without an
Illinois Environmental Protection Agency Operating Permit, and
designated witli site code NO. 1978010004.
Said facility is
commonly known to the Agency as CRETE TWP./SMITS FARM.
COUNTY OF WILL
)
Complainant,
)
v.
)
)
EDWARD
AND
DORIS
VAN
DRUNEN
Respondent.
)
)
AC
WC 95 AC 6
)
)
3.
That
Respondent
has
owned
and/or
operated
said
facility at all times pertinent hereto.
The site owned by
respondents
is known
by Will County
Property Index Number
(P.I.N.) l5~32-30O—OO3.
4.
That on May 31, 1995, Frank Kalisik of the County of
Will, inspected the above-described open dump site.
A copy of
the
Inspection
Report
setting
forth
the
results
of
such
inspection is attached hereto arid made a part hereof.
VIOLATIONS
On
the
basis of direct observation of Prank Kalisik, the
County of Will 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 May 31, 1995, an on-~siteinspection of said
facility disclosed the following;
_~.
Causing
or allowing litter
(Ill.
Rev.
Stat.
1991,
ch.
111 1/2,
par.
1021(p) (1)
formerly
102l(q)(1)).
Causing or allowing scavenging operations (Ill.
Rev.
Stat.
1991,
cli. 111 1/2,
par.
1021(p) (2)
formerly
1021(q) (2)).
—
Causing or allowing open burning (Ill. Rev.
Stat.
1991,
ch.
111
1/2,
par.
1021(p) (3)
(formerly 1021(q) (3)).
—
Causing or allowing the deposition of waste in
standing or flowing waters
(Ill.
Rev.
Stat.
cli.
111
1/2,
par
1021(p) (4)
formerly
1021(q) (4)).
—
Causing or allowing proliferation of disease
vectors
(Ill.
Rev.
Stat.
1991,
cli.
111
1/2,
par. 1021(p)(5)
(formerly 1021(q) (5)).
—
Causing or allowing the
generation of
standing
or flowing liquid discharge from the open dump
site (Ill.
Rev.
Stat.
1991, ch.111 1/2, par.
1021(p)(6)
(formerly 1021(q) (6) j).
CIVIL PENALTY
Pursuant to
Ill.
Rev.
Stat.
1991,
ch.
111
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 one, 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 violation alleged herein,
after an adjudicatory hearing, Respcrndent shall be assessed.
the associated hearing costs incurred by the County of Will
and the Illinois Pollution Control
Board Pollution Control
Board,
in
addition
to
the
Five
Hundred
Dollar
($500.00)
statutory penalty for each finding of violation.
If you acknowledge the violation cited hereinabove,
the
civil
penalty specified above
shall be due and payable no
later
than
~7uly11,
1995.
If
you
do not petition the
3
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 County of Will and mailed to:
The Will County Land Use
Department,
Solid Waste Division,
Attention: Frank Kalisik,
Waste Services Analyst,
501
Ella Avenue,
Joliet,
Illinois
60433.
Also,
please
complete
and
return
the
encloced
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 State’s Attorney of Will County 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
County of Will, and
Illinois Pollution Control Board,
if
any,
the State’s Attorney’s Office will seek to recover their costs
of litigation.
4
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have
the
right
to
contest
this
Administrative
citation.
~,
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 the
Illinois Pollution Control Board.
A copy
of the Petition for
Review should be filed with the Will County State’s Attorney,
Attention:
Cynthia~Campbell at 14 West Jefferson Street, Room
200, Joliet, Illinois 60431.
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 Peti~jon 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~RevJ.ew
filed with the Will County State’s
Attorney,
Attention:
Cynthia
Campbell,
14
West
Jefferson
Street, Room 200,
Joliet, Illinois 60431.
James W. Glasgow
State’s Attorney
Will County, Illinois
By:__
CI
ThIA
S
•
CI~NPBELL
Assistant
State’s
Attorney
Date:
June .6,
1995
5
REMITTANCE FORM
FACILITY:
SMITS
FARM
SITE CODE NO.:
1978010004
COUNTY:
WILL
DATE
OF
INSPECTION:
MAY
31,
1995
CIVIL
PENALTY:
$500.00
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please
enter
tne
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.
Be sure your check is enclosed
and mail, along with Remittance Form, to the will County Land
Use Department,
Waste Services Division, Attention:
Frank
Kalisik,
Waste Services
Analyst,
501 Ella Avenue,
Joliet,
Illinois 60433.
PEOPLE
OF
THE
COUNTY
OF
WILL
Complainant,
V.
EDWARD
AND
DORIS
VAN
DRUNEN
Respondent.
)
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)
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AC
95’~//
WC 95
AC 6
