.LJs.L.Lr4U.LS k’ULLUTSUN
!JVNTI(UL
bUARL)
July 20,
1995
WILL COUNTY,
)
Complainant,
v.
)
AC 95-40
)
(County No.
95 AC 04)
TIM VAN BAREN d/b/a
)
(Administrative Citation)
PLUM VALLEY NURSEY,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 9,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by Will 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 Tim Van Baren d/b/a
Plum Valley Nursey on June 5,
1995.
Will County alleges that on
May 31,
1995, Tim Van Baren d/b/a Plum Valley Nursey, present
owner and/or operator of a facility located in Will County and
commonly known to the County as Plum Valley Nursey, 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.
Tim Van Baren d/b/a Plum Valley Nursey 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
Tim Van Baren d/b/a Plum Valley Nursey 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 penalty has already been
paid, within 30 days of the date of this order Tim Van Baren
d/b/a Plum Valley Nursey shall,
by certified check or money
Order payable to the Will County Treasurer, pay a penalty in
the amount of $500.00, which is to be sent to:
The Will County Land Use Department
Solid Waste Division
Attn: Frank Kalisik, Waste Services Analyst
501 Ella Avenue
Joliet, Illinois 60433
2. Respondent shall include the remittance font and write the
case name and number and his social security or federal
Employer Identification Number on the certified check or money
2
order.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution
if
the violation continues.
Section 41 of the Environmental Protection Act,
(415 ILCS 5/41
(1992)), provides’ for appeal of final orders of the Board within
35 days.
The Rules of the Supreme Court of Illinois establish
filing requirements.
(See also 35 Ill. Adm. Code 101.246,
Notions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boa~d,~Ji~reby
certify th.~t~the
above order was adopted on the
~-7(O~
day of_________________________
c~,-o.
1995, by a v9~eof
~
~1_f
~
Dorothy N.
nn, Clerk
Illinois
o lution Control Board
JUN
-91995
BEFORE
THE
ILLINOIS
POLLUTXON
CONTROL
BO4D
STATE OF
LUNO~$
~TIONCONT~OLBOA~D
STATE OF ILLINOIS
COUNTY OF WILL
ADMINISTRATIVE CITATION
COUNTY OF WILL
)
Complainant,
)
)
AC
~(D~
v.
)
TIM
VAN
BAREN,
d/b/a PLUM VALLEY
)
We 95 AC 4
NURSERY
)
Respondent.
)
)
JURISDICTION
This Administrative Citation is issued pursuant to the
authority
vested
in
the
Illinois
Environmental
Protection
Agency by Ill. Rev. Stat. 1991, ch
•
111
1/2,
par
•
1031
•
1,
and
delegated to Will County pursuant to Ill. Rev. Stat. 1989, ch.
111 1/2, par.
1004
(r).
FACTS
1.
That Respondent,
Tim
Van Baren,
is the present owner
and/or
operator
of
a
facility
located
in
the
County
of
Will,
State of Illinois.
2.
That said site is an open dump, operating without an
Illinois
Environmental
Protection
Agency Operating
Permit,
and
designated
with
Site
Code
No.
1970300015.
Said
facility
is
commonly
known
to the Agency
as
PLUM
VALLEY
NURSERY.
3.
That
Respondent
has
owned
and/or
operated
said
facility at all times pertinent hereto.
The site owned by
respondents
is
known
by
Will
County
Property
Index
Number
(P.I.N.)
15—23—100-004.
4.
That on May 31, 1995, Frank Kalisik of the County of
Will, inspected the above-described open dump site.
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 Frank Kalisik, the
County of Will 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 May 31,
1995, an on-site inspection of said
facility disclosed the following:
Causing or allowing litter
(Ill.
Rev.
Stat.
1991,
cli.
111 1/2,
par.
1021(p)(l)
(formerly
1021(q)(1)fl.
Causing or allowingscavenging operations (Ill.
Rev.
Stat.
1991, oh. 111 1/2, par. 1021(p) (2)
(formerly 1021(q) (2)).
—
Causing or allowing open burning
(Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1021(p)(3)
(formerly 1021(q) (3))
—
Causing or allowing the deposition of waste in
standing or flowing waters
(Ill.
Rev.
Stat.
2
rormerly
cii.
.LLJ.
L/~,
par
iO21(~)(4)
1021(q) (4)).
—
Causing or allowing proliferation of disease
vectors
(Ill.
Rev. Stat.
1991,
ch.
111
1/2,
par. 1021(p)(5)
formerly
1021(q) (5)).
—
Causing or allowing the generation of standing
or flowing liquid discharge from the open dump
site
(Ill. Rev. Stat.
1991,
cli. 111 1/2, par.
1021(p)(6)
formerly
1021(q) (6)).
CIVIL PENALTY
Pursuant
to
Ill.
Rev.
Stat.
1991,
cli.
111
1/2,
par.
1042(b) (4), Respondent herein is subject to a civil penalty of
Five Hundred Dollars
($500.00)
for each violation specified
above in Paragraph one, for a total of $500.00.
Additionally,
should Respondent elect to petition the Illinois Pollution
Control Board under the review process described herein below,
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 County of Will
and the Illinois Pollution Control
Board Pollution Control
Board,
in
addition
to
the
Five Hundred
Dollar
($500.00)
statutory penalty for each finding of violation.
If you acknowledge the violation cited hereinabove, the
civil penalty specified above
shall be
due and payable no
later
than
July
10,
1995.
If
you
do
not
petition
the
3
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.
When
payment is made, your check should be made payable
to The County of Will and mailed to:
The Will County Land Use
Department, Solid Waste Division,
Attention:
Frank Kalisik,
Waste
Services Analyst,
501 Ella Avenue,
Joliet,
Illinois
60433.
Also,
please
complet,
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
ontrol 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 State’s Attorney of Will County 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
County of Will, and Illinois Pollution Control Board, if any,
the State’s Attorney’s Office will seek to recover their costs
of litigation.
4
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE
CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
~,
Ill.
Rev.
Stat.
1991,
cli.
11.
1/2,
par.
1031.1.
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 Will County State’s Attorney,
Attention:
Cynthia Campbell at 14 West Jefferson Street, Room
200, Joliet, Illinois 60431.
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 Will County State’s
Attorney,
Attention:
Cynthia
Campbell,
14
West
Jefferson
Street, Room 200, Joliet, Illinois 60431.
James W. Glasgow
State’s Attorney
Will County, Illinois
By:
_____________
CI
THIA
S.
CAMPBELL
Assistant State’s Attorney
Date:
June 5,
1995
5
REMITTANCE
FORM
)
AC
FACILITY:
PLUM VALLEY NURSERY
COUNTY:
WILL
DATE OF INSPECTION:
MAY
31,
1995
SITE
CODE
NO.:
1970300015
CIVIL PENALTY:
$500.00
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.
Be sure your check is enclosed
and mail, along with Remittance
Form,
to the Will County Land
Use
Department,
Waste Services Division, Attention:
Frank
Kalisik,
Waste Services Analyst,
501 Ella Avenue,
Joliet,
Illinois 60433.
PEOPLE
OF
THE
COUNTY
OF
WILL
Complainant,
V.
TIM
VAN BAftEN,
d/b,/a
PLUM VALLEY
NURSERY
Respondent.
)
)
)
)
)
)
)
95
AC 4
