ILLINOIS POLLUTION CONTROL BOARD

July 20, 1995

COUNTY OF LASALLE,

)

Complainant,

)

v.

)

AC 95—36

)

(County No. 95-01)

)

(Administrative Citation)

DAVE HERTZNER,

)

Respondent.

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 LaSalle

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 Dave

Hertzner on May 23,

1995.

LaSalle County alleges that on May 11,

1995,

Dave Hertzner present owner and/or operator of a facility

located in LaSalle County and commonly known to the County as

1703 N 2525th Road,

Ottawa, LaSalle County, Illinois 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.

Dave Hertzner 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(6) (1), the Board finds that Dave Hertzner 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 IDenalty has already been

paid, within 30 days of the date of this order Dave Hertzner

shall, by certified check or money order payable to the County

of LaSalle, Illinois, pay a penalty in the amount of $500.00,

which is to be sent to:

Lasalle County

Department of Solid Waste Management

119 West Madison Street

Ottawa, Illinois 61350

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

Boa~4~herebycertify t

t the above order was adopted on the

aO~

day of

,

1995, by a vote of

~

A.

borothy M.flunn, Clerk

Illinois ~g’llutionControl Board

---

/

JUN

~21995

I

LPOLLU~~E~-PP~

ILLINOIS

I

LASALLECOU~~A~D

13TH JUDICIAL CIRCUIT

707

Etna

Rd.

Room

251

Ottawa,

IL 61350

Phone

(815) 434-8340

FAX

(815) 434-8357

REPLY TO:

ROBERT

I’!. ESCHBACH

STATE OF

ILLINOIS

728 COLUMBUS STREET

OTTAWA,

IL

613S0

(815)

434—1600

COUNTY

OF

LASALLE

ADMENISTRATWE

CiTATION

COUNTY

OF LASALLE

V.

DAVE

HERTZNER

William

Miller

Complainant,

Respondent.

Owner

)

~2c

5~9~

)

)

)

ACNO.?SO/

~

)

)

)

JURISDICTION

This Administrative Citation

is issued

pursuant to authority

vested in

the Illinois Environmentat

ProtectionAgency by 415

ILCS 5/31.1, formerly ill. Rev. Stat.

1991, Ch.

111

1/2, par.

1031.1,

and delegated to the County ofLaSalle pursuant to

415

ILCS

5/4

(r), formerly Ill. Rev. Stat.

1991,

Ch.

1111/2

par 1004 (r).

FACTS

1.

That Respondent, Dave Hertzner, is the present renter of a property at 1703 N 2525th

OFFICE OF THE STATE’S ATTORNEY

JOSEPH R.

NAVARRO

State’s Attorney

Road, City

of

Ottawa, in

theCountyof

LaSaile and

the State ofIllinois.

---

2.

Mr. William Miller,

is the present owner ofthe property at 1703 N.

2525th Road,

City ofOttawa,

in theCountyofLaSalle

and the State ofillinois.

3.

That said facility is an open dump, operating without an Illinois En*onmentaj

Protection

Agency

Permit,

and designated with Site Code No.

0998310002.

Said

facilityis commonlyknown to the Agency as Miller,

William.

4. That Respondent, Mr. Dave

Hertzner, has dwelled and/or

rented saidproperty at all

times pertinent hereto.

5.

Thaton

May 11,1995, Duane Swartzendruber, oftheLaSalle County Department of

Solid Waste Management, under the authority ofthe illinois Environmental Protection

Agency, inspected the above described property(residence).

A copy ofthe inspection

report setting forth the results ofsuch inspection is attached hereto and madea part

hereof.

VIOLATIONS

6. On the basis of

direct observation ofDuane Swartzendruber, the LaSaile County

Department ofSolid Waste Management

has determined that Respondent, Mr. Dave

Hertzner, has

caused or allowed opendumping atthe

above described facilityin a

mannerwhich results in the following occurrences:

ThatonMay 11, 1995 anon-site inspection of

said

facility disclosed the following:

...~

Causing or

allowing litter 415 ILCS 5/21

(p) (1)

(formerlyill. Rev.

Stat.

Ch

111

1/2, 1001

et seq÷)

—

Causing

or

allowing scavenging operations .415 ILCS

5/21 (p) (2)

(formerly ill. Rev. Stat. Ch. 1111/2, 1001 et. seq.)

—

Causing or

allowing

open

burning

415 ILCS

5/21

(p)(3) (formerly

III

Rev..

Stat.

Ch.lll 1/2,1001 etseq.)

—

Causing or allowing

depositionof’

waste in standingor flowing

waters415 ILCS

5/21

(p) (4) (formerly Ill. Rev. Stat. Ch.

1111/2,

1001 et seq.)

Causing or allowing proliferation ofdisease vectors.

415

ILCS

5/21 (p)

(5)

(formerly Ill. Rev. Stat. Ch. 1111/2,

1001

etseq.)

CiViL PENALTY

7.

Pursuant to 415 ILCS 5/42 (b) (4)

(formerly ill. Rev. Stat. Ch.

1111/2,

1001 et

seq.),

---

Respondent herein is subject to a civil penalty ofFive HundredDollars ($500.00) for

each violation specified above in Paragraph 6 fora total off $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 ofthe 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

foreach

finding

ofviolation.

8.11you aclcnowledge the violations cited

herein above,

the civil penalty

specified above

shall

be due

and

payable no later

than

thirty-five

(35) days from the date ofservice

hereof Ifyou do not petition the

Illinois

Pollution Control Boardfor review ofthis

Administrative

Citation

within

thirty-five (35) days

ofservice hereoforif you elect to

contest this AdministrativeCitation,

any

judgmentrendered

against

you shall

specif’j

thedue date ofthe statutory civil penalty and any costs assessed against you.

9.

When payment

is

made, your check should be madepayable to the

LASALLE

COUNTY

DEPARTMENT OF SOLJD WASTE

MANAGEMENT

and mailedto:

LaSalle County Departmentof Solid Waste Management

Room 400

Ottawa, Illinois 61350

Also,

please

complete

and return

the enclosed Remittance Form, along with your

payment, to assure proper documentation of

payment.

10. If

any civil penalty imposedby the Illinois Pollution Control Board is not paid within

thetime prescribed

in the order, interest on such penalty

will

be assessed fotthe period

from the date payment is due until the datepayment is received. Ifany civil penalty,

by

reason ofacknowledgment, default or finding

afteradjudicatory hearing is not paid

when due, the

LaSalle County State’s Attorney

may

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 Pollution Control Board, if any,

the State’s

Attorney’s

Office

will seek

to

recovertheir costs oflitigation.

PROCEDURE

FOR CONTESTING

THIS

ADMINTSTRATW~

CITATION

---

11. You havethe right to contest this Administrative Citation.

~

415 JLCS 5/31,1,

formerlyIll. Rev.

Stat.

1991.

Ch.

1111/2. par.

1031.1.

Ifyou elect to contest this

Administrative Citation, you

n~

filea Petition forReview with the Clerk ofthe

Illinois Pollution Control Board.

Copies ofthe Petition for review should also be filed

with:

Robert M

Escbbach

LaSalle County Special Assistant State’s Attorney

728 Columbus Street

Ottawa, Illinois 61350

LaSalle County Department of Solid WasteManagement

LaSalle County Courthouse

119 WestMadison Street

Room 400

Ottawa, Illinois 61350

Such Petition forReview rni~.t

be filed within thirty-five (35) days ofthedate ofservice of

this Administrative Citation, or a default judgment shall be entered by the Pollution

Control Board.

Petition for Review may be filed with the:

Clerk ofthe Illinois Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, Iffinois 60601

Dated:

5~-;L~J-~.~5

JosephNavarro

e County Stat&s Attorney

~

RobertM. Eschbach

Special Assistant State’s Attorney,

Environmental Matters

---

REMITTANCE FORM

DATE OF INSPECTION: May 23, 1995

DATE REMITTED:

AC 95—36

(County No.

95-01)

(Administrative

Citation)

SS/FEIN NUMBER:

SIGNATURE:

NOTE

Please enter the date of your remittance, your Social Security

number

(55)

if an individual or Federal Employer Inclentification

Number (Fein)if a corporation, and sign this Remittance Form. Be

sure your check

is enclosed and mail,

along with Remittance Form,

to LaSalle County, Department

of Solid Waste Management,

119

West

Madison Street, Ottawa,

Illinois 61350

COUNTY

OF

LASALLE,

)

Complainant,

)

v.

)

DAVE HERTZNER,

Respondent.

)

)

FACILITY:

1703 N.

2525th RD

COUNTY:

LaSalle

SITE CODE NO.:

0998310002

CIVIL PENALTY:

$500.00