ILLINOIS

 POLLUTION

 CONTROL

BOARD

September 21,

1995

COUNTY OF JACKSON,

)

Complainant,

V.

)

 AC 96-S

(Administrative Citation)

EASTON AUTOMOTIVE,

Respondent.

ORDER

THE

BOARD:

This

 matter comes before the Board upon the August

9,

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 Easton

Automotive on August 8,

 1995.

 Jackson County alleges that on

June 30,1995,

 Easton Automotive, present owners and/or operators

of a facility located in Jackson County and commonly known to the

County as Nurphysboro/Easton Automotive site, violated Sections

21(p) (1) and 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.

Easton Automotive 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 Faston Automotive 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 $1,000.00.

1. It is hereby ordered that,

 unless the penalty has already been

naid, within 30 days of the date of this order Easton

Automotive,

 shall by certified check or money order payable to

the Jackson County Treasurer, pay a penalty in the amount of

$1,000.00, which

 is to be sent to:

Shirley Booker

Jackson County Treasurer’s Office

P.

 0. Box 430

Jackson County Courthouse

Murphysboro,

 Illinois 62966

2. Respondent shall include the remittance torm 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

(1994)), provides for appeal of final orders of the .oard 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

Board, hereby certify

at

 he above order was adopted on the

_______

 day of

 1995,

 by a vote of

Dorothy

M.,,4trnn,

 Clerk

Illinois I~9LlutionControl Board

BEFORE THE ILLINOIS POLLUTION CONTROL

ADMINISTRATIVE CITATION

COOflTY OF JACKSON,

Complainant,

v.

)

AC

96

EASTON AUTOMOTIVE,

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 Ilinnis

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

Environmental Protection Agency Operating Permit,

 and designated

with the Site

 Code

#

 0778140027.

The

 facility

 is known

 to the

Agency as the Murphysboro/Easton Automotive site.

3.

 The Respondent has owned and/or operated the facility

at

all relevant times hereto.

4. On June 30,

 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.

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

30,

 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 the proliferation of

disease

vectors

 in violation of

415

 II.~CS 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

2.

 This

is

 total

 of $1,000.00 for this

Citation.

 Additionally,

 should the Respondent

 elect to petition

the

 Illinois

 Pollution

 Control

 Board under

the

 review process

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

$1,000.00 fine.

If you acknowledge the violations cited hereinabove, the civil

penalty shall be due and payable no later than September 15,

 1995.

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

the

 P~dministrative 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 dM~

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’3

 Attorney

 shall

be

 requested

to

ir.itiate 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.

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,

 Ii 62966.

 Your Petition For Review ntust

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

against

 you will entered by the Pollution Control Board.

Your original Petition must he

 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

/~~

Li

—/

DATED:

‘1~

~‘.

/

1995

Daniel Breiter

Assistant State’s Attorney

 County of Jackson

4

REMITT2LNCE

 FORM

COUNTY OF JACKSON,

EASTON AUTOMOTIVE,

Respondent.

PA~C

ILITY

COUNTY:

MUP.PHYSBORO/EASTON AUTOMOTIVE

 SITE

JACKSON

DATE OF INSPECTION:

SITE CODE:

CIVIL PENALTY:

Date Remitted

SS/FEIN

#

Signature

JUNE

30,

1995

0778140027

$1,000.00

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,

 Ii 62794-9276

Complainant,

NO. ~

 AC 96

5