ILLINOIS POLLUTION CONTROL
    BOARD
    December 20,
    1995
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    AC 96—20
    (IEPA No.
    657-95-AC)
    )
    (Administrative Citation)
    JAMES WEIR,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the November 6,
    1995
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act) by~theIllinois
    Environmental Protection Agency (Agency).
    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 James Weir on October
    31,
    1995.
    The Agency alleges that on September 6,
    1995,
    James Weir,
    present owner and/or operator of a facility located in Rock
    Island and commonly known to the Agency as East Moline/Greenspace
    Recycling,
    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.
    James Weir 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 James Weir 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 Denalty has already been
    paid, within 30 days of the date of this order, James Weir
    shall, by certified check or money order payable to the
    Illinois Environmental Protection Trust Fund,
    pay a penalty in
    the amount of $500.00, which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road,
    P.
    0. Box 19276
    Springfield, Illinois 62794—9276
    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

    2
    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.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    (415 ILCS 5/41
    (1994)), 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 N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    •hereby certify~thatthe above order was adopted on the
    4O~- day of
    ,
    1995,
    by a vote of
    7_c’
    /~
    ~
    ~
    ~
    Dorothy Mv/Gunn, Clerk
    Il1inois(~ollutionControl Board

    RECEIVED
    CLERKS
    OFFICE
    NOV
    -
    0
    i~95
    STATE
    (~~~OlS
    BEFORE TUE ILLINOIS POLLUTION CONTROL BOAR
    POLLIJTIONCO~~~BO~RC
    ADMINISTRATIVE
    CITATION
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    AC___________
    )
    (IEPA No.657-95-AC)
    v.
    )
    JAMES 0. WEIR,
    Respondent.
    )
    JURISDICTION
    This Administrative Citation is issued pursuant to authority vested in
    the Illinois Environmental
    Protection Agency by 415
    ILCS 5/31.1,
    (1992).
    FACTS
    1.
    That Respondent James
    0. Weir
    is the present owner and/or operator
    of a facility located in the County of Rock
    Island, 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. 1610650060.
    Said facility is cotmionly known to the Agency as
    East
    Mol ine/Greenspace Recycling.
    3.
    That Respondent has owned and/or operated said facility at all
    times pertinent hereto.
    4.
    That
    on September 6,
    1995,
    Robert Wagner of the
    Illinois
    Environmental
    Protection Agency, 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 Robert Wagner, the Illinois
    Environmental
    Protection Agency 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 September 6,
    1995
    an on-site inspection of said facility
    disclosed the following:
    (1)
    Causing or allowing litter in violation of 415 ILCS 5/21(p) (1),
    (1992).
    CIVIL PENALTY
    Pursuant to
    415 IICS 5/42(b)(4),
    (1992), 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 Five Hundred Dollars
    ($500.00).
    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 violations alleged herein, after an adjudicatory hearing,
    Respondent shall
    be assessed the associated hearing costs
    incurred by the
    Illinois
    Environmental
    Protection Agency and the Illinois Pollution Control
    Board, in addition to the Five Hundred Dollar
    ($500.00)
    statutory penalty.
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty
    specified above
    shall be due and payable no later than
    December 11,
    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.
    -2-

    When payment is made, your check should be made payable to the Illinois
    Environmental
    Protection Trust
    Fund and mailed to the attention of
    Fiscal
    Services,
    Illinois Environmental
    Protection Agency, 2200 Churchill
    Road, P.O.
    Box
    19276, Springfield,
    Illinois
    62794-9276.
    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
    Illinois
    Attorney
    General
    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
    Illinois
    Environmental
    Protection
    Agency
    and
    the
    Illinois
    Pollution
    Control
    Board,
    if
    any, the Attorney General’s Office will
    seek to recover their costs of
    litigation.
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    ~
    415
    ILCS 5/31.1,
    (1992).
    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
    Illinois
    Environmental
    Protection Agency.
    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
    —3—

    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 Illinois Environmental
    Protection Agency at
    2200 Churchill Road,
    P.O.
    Box
    19276, Springfield,
    Illinois
    62794-9276,
    Attention:
    Division of Legal
    Counsel.
    A.
    G~o-r,L
    Mary ~
    Director
    Illinois Environmental
    Protection Agency
    Prepared by:
    Todd Rettig
    Illinois
    Environmental
    Protection Agency
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    Illinois
    62794-9276
    (217) 782-5544
    Date:
    /V—~~LS
    BO~t1m\Open
    -4-

    RECEIVED
    CLERKS OF~CE
    REMITTANCE
    FORM
    NOV
    -
    0
    1~I95
    STATE
    c~
    ;UJNc’~
    PC’LLIJTKI)N CON~ciCL.p(,~RrJ~,
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )~)~
    ?~~
    v.
    )
    EPA 657-95-AC
    )
    JAMES 0. WEIR,
    )
    )
    Respondent.
    )
    FACILITY: East Moline/
    SITE CODE NO. :1610650060
    Greenspace Recycling
    COUNTY:
    Rock
    Island
    CIVIL
    PENALTY:
    $
    500.00
    DATE
    OF
    INSPECTION:
    September
    6,
    1995
    DATE
    REMITTED:
    _____________________________________
    SS/FEIN
    NUMBER:
    _______________________________________
    SIGNATURE:
    _______________________________________
    NOTE
    Please
    enter
    the
    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,
    to
    Illinois
    Environmental
    Protection
    Agency,
    Attn.:
    Fiscal
    Services,
    2200
    Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois
    62794-9276.
    -5-

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