ILLINOIS POLLUTION CONTROL BOARD
December 7,
1995
COUNTY OF VERMILION,
)
)
Complainant,
v.
)
AC 96—16
)
(County No.
95-04)
)
(Administrative Citation)
FIRST NATIONAL BANK
)
OF DANVILLE,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the September 22,
1995 filing of an Administrative Citation pursuant to Section
31.1 of the Illinois Environmental Protection Act
(Act) by
Vermilion 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
First National Bank of Danville (First National)
on September 20,
1995.
Vermilion County alleges that on July 20,
1995, First
National, present owner and/or operator of a facility located in
Vermilion County, violated Section 21(a) of the Act.
The
statutory penalty established for this violation is $500.00
pursuant to Section 42(b) (4)
of the Act.
First National 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 First National Inc.
has
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 ~enaltv has already been
paid, within 30 days of the date of this order First National
shall,
by certified check or money order payable to the County
of Vermilion,
Illinois, pay a penalty in the amount of
$500.00, which is to be sent to:
Vermilion County Health Department
200 South College Street
Danville,
Illinois 61832
2. Respondent shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Numbers 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.
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. Adm. 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
,
1995, by a vote of
~
-0~
/~L~
Dorothy M.~unn, Clerk
Illinois ~61lution Control Board
f’SOFRC~1
SEP
2
2
1995
STATE OF ILUNOIS
ADMINISTRATIVE CITATION
~2’1R~~RD
COUNTY OF VERMILION,
ILLINOIS,
Complainant,
)
AC
___________
v.
)
County File No.
95-04
FIRST NATIONAL BANK OF DANVILLE,
)
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to the
authority vested in the Illinois Environmental Protection Agency
by sections 4(e)
and 31.1 of the Illinois Environmental
Protection Act
(“Act”),
415 ILCS 5/4(e),
5/31.1,
and delegated to
Vermilion County pursuant to section 4(r)
of the Act,
415
ILCS
5/4 (r)
FACTS
1.
That Respondent,
First National Bank of Danville, was
the owner and/or Trustee of a property located at Section 3,
Township 19 North, Range 12 West of the Second Principal
Meridian, within the County’of Vermilion,
State of Illinois,
being further described as the West 3/4 of the. North 1/2 of said
section,
at all times relevant to this Administrative Citation.
2.
That said property is not licensed as, nor does it
fulfill the requirements ofa sanitary landfill.
3.
That on July 20,
1995, Douglas Toole of the Vermilion
County Health Department inspected the above-described property.
A copy of the Inspection Report setting forth the results of such
inspection is attached hereto and made a part hereof.
-2-
VIOLATIONS
On the basis of the direct observation of Douglas Toole,
the
County of Vermilion has determined that Respondent has allowed
open dumping on its property,.~inviolationof section 21(a)
of the.
Act, 415
ILCS 5/21(a),
in a manner which resulted in litter at
the site.
CIVIL
PENALTY
Pursuant to section 42(b) (4)
of the Act,
415 ILCS
5/42 (b) (4), Respondent herein is subject to a civil penalty of
Five Hundred Dollars
($500.00)
for the above-mentioned violation.
Additionally,
should Respondent elect to petition the Illinois
Pollution Control Board under the review process described
hereinbelow, 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 Illinois
Pollution Control Board,
in addition to the Five Hundred Dollar
($500.00)
statutory penalty for the violation.
PROCEDURE FOR CONTESTING
THIS ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation
under section 31.1(d)
of the Act,
415 ILCS 5/31.1(d).
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 Vermilion County State’s Attorney’s Office.
Such
—3-
Petition for Review must be filed within thirty-five
(35)
days of
the date of service of this Administrative Citation, or a default
judgment will be issued by the Illinois 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 St., Suite 11-500,
Chicago,
Illinois 60601;
and a copy of said Petition for Review should be filed with the
Vermilion County State’s Attorney, at
7
N. Vermilion St.,
Danville,
Illinois 61832.
If you acknowledge the violation cited hereinabove,
the
civil penalty specified above shall be due and payable no later
than October 18,
1995.
If you do not petition the Illinois
Pollution Control Board for review of this Administrative’
Citati.on 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 statutor
civil penalty and any costs assessed against you.
When payment
is made, your check should be made payable to
the County of Vermilion,
Illinois, and mailed to the Vermilion
County Health Department at 200 South College Street,
Danville,
Illinois 61832.
If any civil penalty, by reason of acknowledgment,
default
or finding after adjudicatory hearing,
is not paid
when due,
the Vermilion County State’s Attorney may initiate
proceedings in the Circuit Court to collect said civil
-4
penalty.
In addition to the previously assessed civil, penalty
and any hearing costs of the Illinois Pollution Control Board,
the State’s Attorney’s Office will seek
to. recover its costs
of
litigation.
DATED:
____
/4c~
Prepared by:
Michael D.
Clary
State’s Attorney
Michael D. Clary
Office of the State’s Attorney
7 N. Vermilion St.
Danville,
IL
61832
(217)
431-2570
REMITTANCE
FORM
DATE OF INSPECTION:
July 20, 1995
DATE REMITTED:
AC 96—16
(County No.
95-04)
(Administrative Citation)
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social Security
number
(SS)
if an individual or Federal Employer Indentification
Number (Fein)if a corporation, and sign this Remittance Form. Be
sure your check is enclosed and mail,
along with Remittance Form,
to Vermilion County Health Department, .200 South College Street,
Danville, Illinois 61832
COUNTY OF VERMILION,
Complainant,
v.
)
)
)
)
)
)
)
FIRST NATIONAL BANK
)
OF
DANVILLE,
)
Respondent.
)
FACILITY: Danville/First National
COUNTY: Vermilion
SITE CODE NO.:
1838040042
CIVIL PENALTY: $500.00
