TLL~NOISPOLLUTION CONTROL BOARD
July 20, 1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
v.
)
AC 95—37
(IEPA No.
~29-95-AC)
)
(Administrative Citation)
N.K. O’HARA CONSTRUCTION,
INC., KENNETH 0’HARA and
)
MADALYN O’HARA,
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 2, 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 M.K. O’Hara Construction,
Inc., Kenneth O’Hara and Madalyn O’Hara on May 21,
1995.
The
Agency alleges that on April
6,
1995, M.K. O’Hara Construction,
Inc., Kenneth O’Hara and Madalyn O’Hara, present owners and/or
operators of a facility located in Cass County and commonly known
to the Agency as Beardstown/O’Hara #5, 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.
N.K. O’Hara Construction, Inc., Kenneth O’Hara and Madalyn
O’Hara have not tiled 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 M.K. O’Hara Construction, Inc.,
Kenneth O’Hara and Madalyn O’Hara have violated the provision
alleged in the Administrative Citation.
Since there is
(1) such
violations, 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 M.K. O’Hara
Construction,
Inc., Kenneth O’Hara and Madalyn O’Hara 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;
Fiscal Services
Illinois Environmental Protection Agency
2200 Churchill Road,
P.
0. Box 19276
Springfield, Illinois 62794—9276
2. Respondents shall include the remittance form and
write
the
case name and number and their social security or federal
Employer Identification Number on the certified check or 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 5/4.
(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 N.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif~~thatthe above order was adopted on the
~
day of
,
1995, by a vote of
Dorothy M.junn,
Clerk
Illinois ~i11ution Control Board
g
RECEIVED
JUN
-21995
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARDIPoLLu~~j~oApD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
AC ________________
)
(IEPA N~.
328-95-AC)
v.
)
)
M.
K. O’HARA CONSTRUCTION,
INC.,
KENNETH
)
O’HARA, and MADALYN O’HARA,
)
)
Respondents.
)
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 Respondents M.
K. O’Hara Construction,
Inc.,
Kenneth O’Hara,
and Madalyn O’Hara are the present owners and/or operators of
a facility
located in the County of Cass, 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.
0170150022.
Said facility
is comonly known
to the Agency as
Beardstown/O’Hara #5.
3.
That Respondents have owned and/or operated said facility at all
times pertinent hereto.
4.
That on April
6,
1995,
William Walkenbach, 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 William I4alkenbach, the rilinois
Environmental
Protection Agency has determined that Respondents have caused or
allowed open dumping at the above-described facility
in
a manner which
resulted in the following occurrences:
A.
That on April
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), Respondents 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 Respondents
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
ConLrol
Bodrd,
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 July
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
-2-
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 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 ~
be
-3-
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.
ary
.
e,
irector
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:
BD:c~w\Open
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
V.
Complainant,
M.
K.
O’HARA CONSTRUCTION,
INC.,
KENNETH
O’HARA, and MADALYN O’HARA,
Respondents.
c~c~
~—5/
EPA 328-95-AC
RECEIVED
JUN
-
2 1995
STATE
OF
ILLIp~JQi5
POLLUTION CONTROLSOA~r~
FACILITY: Beardstown/ O’Hara #5
COUNTY: Cass
SITE CODE NO.:
CIVIL PENALTY:
0170150022
$500.00
DATE OF INSPECTION:
April
6,
1995
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social
Security number
(S’S)
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-
