PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION
REMITTANCE FORM

ILLINOIS POLLUTION CONTROL BOARD

August 24,

1995

COUNTY OF JACKSON,

)

Complainant,

)

 AC 96—4

)

 (Administrative Citation)

GREG BURRIS,

 individually,

)

and d/b/a BURRIS DISPOSAL

)

SERVICE,

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon the July 14,

1995

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

 (Act)

 by Jackson

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 Greg Burns,

individually, and d/b/a Burns Disposal Service on July

13,

 1995.

Jackson County alleges that on June 22,1995,

 Greg Burns,

individually,

 and d/b/a Burns Disposal Service, present owners

and/or operators of a facility located in Jackson County and

commonly known to the County as Carbondale/Burris Disposal

Service site, violated Sections 21(p)(l), 21(p)(4),

 21(p)(5)

of

the Act.

 The statutory penalty established for each violation is

$500.00 pursuant to Section 42(b) (4)

 of the Act.

Greg Burns,

 individually, and d/b/a Burns Disposal Service

 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 Greg Burns,

 individually, and

d/b/a Burns Disposal Service have violated the provision alleged

in the Administrative Citation.

 Since there are three

(3)

 such

violations,

 the total penalty to be imposed is set at $1,500.00.

1.

 It is hereby ordered that,

 unless the penalty has already been

paid, within 30 days of the date of this order Greg Burns,

individually, and d/b/a Burns Disposal Service,

 shall by

certified check or money order payable to the Jackson County

Treasurer, pay a penalty in the amount of $1,500.00, which is

to be sent to:

Shirley Booker

Jackson County Treasurer’s Office

P.

 0. Box 430

Jackson County Courthouse

Murphysboro, Illinois 62966

2

2. Respondent shall include the remittance form and write the

case name and number and his social security on federal

Employer Identification Number on the certified check or money

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.

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 Iii.

 Adm. Code 101.246,

Motions for Reconsideration.)

IT IS SO ORDERED.

I, Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby centif~that the above order was adopted on the

 day of

 ¼ç~’~5.’

 1995,

 by a vote of

7-0

Dorothy M/ Gunn,

 Clerk

Illinois Pollution Control Board

JUL

1419~5

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

ADMINISTRATIVE CITATION

AT?D

COUNTY OF JACKSON,

Complainant,

)

~-,

7

)

AC~

GREG BURRIS,

 individually

)

and d/b/a BtJRRIS DISPOSAL

SERVICE,

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to authority

vested in the Illinois Environmental Protection Agency by 415 ILCS

5/1

et.

 seq.

 (1994),

 specifically 415 ILCS 5/31.1.

FACTS

1.

 The Respondent is the present owner and/or operator of a

facility located in the County of Jackson,

 State of Illinois.

2. The facility is an open dump, operating without an Illinois

Environmental Protection Agency Operating

 Permit,

 and designated

with the Site Code

#

 0778030002.

The

 facility is known to

the

Agency as the Carbondale/Burnis Disposal Service site.

3.

 The Respondent has owned and/or operated the facility at

all relevant times hereto.

4.

 The Respondent

 was once before

 issued an Administrative

Citation by the Illinois Pollution Control Board on behalf of the

County of Jackson.

 That Citation was docketed by this Board as AC

95—20 and the Order was entered March 13,

 1995,

 and resulted in a

$2,500.00

 fine.

The

 Citation

was

 also

 issued

 under

the

 same

previously mentioned Site Code.

5. On June 22, 1995, George Browning, Field Inspector, Jackson

County Health Department,

 inspected the

 facility.

A

 true and

correct copy of the inspection report,

 along with Mr. Browning’s

affidavit,

 are attached and

 incorporated herein by reference

as

Exhibit

A.

6. The Respondent’s has failed to fully clean-up the facility,

since the last Citation, AC 95-20,

 was issued.

VIOLATIONS

On the basis

 of Field Inspector,

 George Browning,’s

 direct

observation,

 he has determined that the Respondent

 has caused or

allowed open dumping at the above described facility in a manner

that resulted in the following violations:

That on June 22,

 1995 an on-site inspection of the facility

disclosed the following:

1. The Respondent has caused or allowed litter to be collected

or dumped at the facility in violation of 415 ILCS 5/21

 (p) (1).

2. The Respondent has caused or allowed deposition of waste in

standing or flowing waters in violation of 415 ILCS 5/21

 (p) (4).

3. The Respondent has caused or allowed the proliferation of

disease vectors in violation of 415 ILCS 5/21

 (p) (5)

CIVIL PENALTY

In accordance with 415

 ILCS 5/42

 (b) (4),

 the Respondent

is

subject to a civil penalty of $500.00 for each violation specified

above

 in paragraphs

1

3.

 This

is

 total

 of $1,500.00 for this

Citation.

 Additionally,

 should the Respondent elect

 to petition

the

 Illinois

 Pollution

 Control

 Board under

the

 review

 process

2

described

 below,

 after

 an adjudicatory

 hearing,

the

 Respondent

shall

be

 assessed

 the hearing

 costs

 incurred by

the

 Pollution

Control

 Board.

The

 hearing cost

 would

be

in

 addition

to

the

$1,500.00 fine.

If you acknowledge the violations cited hereinabove, the civil

penalty shall be due and payable no later than August 25,

 1995.

If

you do not petition the Pollution Control Board for review of the

Administrative

 Citation

 within

35

 days

of

 service

of

the

Administrative Citation, or contest the Citation, any judgment that

may be rendered against you shall specify the due date of the civil

fine and any additional costs assessed against you.

When payment is made, your check should be made payable to the

Jackson County’s Treasurer Office and mailed to the attention of

Shirley Dillinger Booker,

 Jackson County Treasurer,

 Murphysboro,

Illinois,

 62966.

 Also,

 please complete

 and return

 the enclosed

remittance form,

 along with your payment, to assure proper credit.

If any civil penalty is not paid within the prescribed time,

the law allows for the accumulation and payment of interest on the

remaining unpaid balance.

 If any civil penalty

 is not paid when

due,

the

 Office

of

the

 State’s Attorney

 shall

 be requested to

initiate proceedings in Circuit Court to collect the penalty.

In

addition to the civil penalty, hearing costs, and interest, if any,

the Jackson County State’s Attorney may seek to recover their costs

of litigation.

3

PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION

You have the right to contest

 this Citation, pursuant to 415

ILCS 5/31.1.

 If you elect to contest this Citation, you must file

a Petition For Review with

the

 Clerk

 of the

 Illinois

 Pollution

Control Board.

 A copy of the Petition For Review shall be filed

with Daniel

 Brenner,

 Assistant

 State’s Attorney,

 Jackson County

Courthouse, Murphysboro,

 Il 62966.

 Your Petition For Review must

be

 filed within

35

 days

of

 the date of service

of

 the present

citation on you.

 If you fail

 to file

 your Petition,

 a Default

Order aqainst you will entered

 by the Pollution Control Board.

Your original Petition must be

 filed with

the

 Clerk

of

the

Board at:

Clerk

Pollution Control Board

100 West Randolph,

 Suite 11-500

Chicago,

 Illinois 60601

A copy must also be sent to:

Office of the State’s Attorney

Daniel Brenner

Assistant State’s Attorney

Jackson County Courthouse

Murphysboro,

 Ii 62966

DATED:

~

1995

 ___________________________

Daniel Brenner

Assistant State’s Attorney

County of Jackson

4

REMITTANCE

 FORM

COUNTY OF JACKSON,

Complainant,

v.

)

 NO. EPA AC 95

GREG BURRIS,

 individually,

and d/b/a BURRIS DISPOSAL

SERVICE,

Respondent.

FACILITY:

 CARBONDALE/BURRIS DISPOSAL SERVICE SITE

COUNTY:

 JACKSON

DATE OF INSPECTION:

 JUNE

22,

1995

SITE CODE:

0778030002

CIVIL PENALTY:

 $1,500.00

Date Remitted __________________________

SS/FEIN #

 __________________________

Signature

NOTE

Please include the information on the blank lines.

 Mail this

form with your check to:

Illinois Environmental Protection Agency

Attn. Fiscal Services

2200 Churchill Road

P.O. Box 19276

Springfield,

 Il 62794-9276

5