ILLINOIS POLLUTION CONTROL BOARD
December 20,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 96—22
(IEPA No.
658-95—AC)
(Administrative Citation)
JAMES
ETHRIDGE,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the November 7,
1995
filing of an Administrative Citation pursuant to Section 31,1 of
the Illinois Environmental Protection Act
(Act) by the Illinois
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 Ethridge on October
31,
1995.
The Agency alleges that on September 6,
1995, James
Ethridge, present owner and/or operator of a facility located in
Rock Island County 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 Ethridge 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 Ethridge 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 penalty has already been
paid,
within 30 days of the date of this order, James Ethridge
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 M. Gunn,
Clerk of the Illinois Pollution Control
Board, jiereby certify that the above order was adopted on the
~
day of
,
1995,
by a vote of
~7c~
~
Dorothy ~/Gunn,
Clerk
Illinoistj’ollution Control Board
;-~cCE~VEfl
CL~~
OF~CE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV
7
1905
ADMINISTRATIVE CITATION
.~I1~~FLL~OS
~
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i(~.;L~~:~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
AC______________
(IEPA No.658—95-AC)
V.
JAMES ETHRIDGE,
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 Ethridge 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
coniiionly known to the Agency as
East
Moline/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
ILCS
5/42(b)(4),
(1992),
Respondent
herein
are
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
-2-
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
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. 6~
Mary A.
Gade, 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:
i.frz~/i~r
BD
:
ci
w\Open
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CI. E~(SC~FiCE
REMITTANCE FORM
3
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;LLINOIS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
~
~_;‘(
•~1~?&
v.
)
EPA 658-95-AC
)
JAMES ETHRIDGE,
)
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
art
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-