.LJsJsSNUSS
~
cuN’ncujs
~U4LLCU
July 7,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
v.
)
AC 95—33
)
(IEPA No. 268—95—AC)
)
(Administrative Citation)
JOHN SEXTON SAND
)
AND
GRAVEL CORPORATION,
)
)
Respondent.
ORDER
OF THE BOARD:
This matter comes before the Board upon
the
May 10, 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 John Sexton Sand and Gravel
Corporation (John Sexton)
on May 8,
1995.
The Agency alleges
that on March 15,
1995, John Sexton, present owner and/or
operator of a facility located in Cook County and commonly known
to the Agency as Congress Development Company/John Sexton Sand
and Gravel Corporation violated, Section 21(0) (5) of the Act.
The statutory penalty established for this violation is $500.00
pursuant to Section 42(b) (4) of the Act.
John Sexton 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 John Sexton ‘has violated
the provision alleged in the Administrative Citation.
Since
there are one (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 John Sexton
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. Respondent shall include the remittance form and write the
2
case name and number and their social security or federal
Employer Identification Numbers 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 5/41
(1992)), provides for appeal of final orders of the Boardwithin
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
Boa d
hereby certify ~1T~tthe above order was adopted on the
_______
day of
,
1995, by a vote of
7-0•
C,
~Dorothy N
Gunn,
Clerk
Illinois P Ilution Control Board
‘v/is
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARI
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
V.
JOHN
SEXTON
SAND
AND
GRAVEL
CORP.,
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,
John
Sexton
Sand and
Gravel
Corp.,
is
the
present
operator
of
a
facility
located
in
the
County
of
Cook,
State
of
Illinois.
2.
That said facility is
operated
as a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1975-57-DE,
and
designated
with
Site
Code
No.
0318170002.
Said
facility
is
commonly
known
to
the
Agency
as
Congress
Development
Company/John
Sexton
Sand
and
Gravel
Corp.
3.
That
Respondent
has
owned
and/or
operated
said
facility
at
all
times
pertinent
hereto.
4.
That
on
March
15,
1995,
Anna
VanOrden,
of
the
Illinois
Environmental
Protection
Agency,
inspected
the
above-described
landfill
facility.
A
copy
of
the
inspection
report
setting
forth
the
results
of
such
inspection
is
attached
hereto
and
made
a
part
hereof.
MAY
1 0
1995
STATE OF ILLINOIS
POLLUTION
CONTROL
BOARD
AC
(IEPA
No.
268-95-AC)
VIOLATIONS
On the basis of direct observation of Anna VanOrden,
the Illinois
Environmental Protection Agency has determined that
Respondent was conducting
a
sanitary landfill
operation at the above-described facility, which
is
required to have a permit pursuant to 415 ILCS 5/21(d),
1992,
in a manner
which resulted in the following conditions:
A.
That on March 15.
1995 an on-site inspection of said sanitary
landfill
facility and a review of Illinois Environmental Protection Agency
files and records of said facility, disclosed the following:
(1)
Uncovered refuse remaining from a previous operating day,
in
violation of 415 ILCS 5/21(o)(5),
1992.
CIVIL
PENALfl
Pursuant to 415 ILCS 5/42(b)(4),
1992, Respondent herein is subject to a
civil pena1ty 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 June 16, 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,
by reason of acknowledgment, default or finding
after
adjudicatory
hearing,
is
not
paid
when
due,
the
Illinois
Environmental
Protection
Agency
shall
take into
consideration
such failure
to
pay
during
any
permit review process
upon your application for a new permit or for renewal of
an existing permit.
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.
Furthermore,
if payment is not received
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
ADMINISTRATIVECITATION
You have the right to contest this Administrative Citation.
~
415
ILCS 5/31.1,
1992.
If you elect to contest this Administrative Citation, you
3
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
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.
7)~
A~GJ~
Mary
A.
tThOe,
Director
.#
ia.rC-c.
Illinois Environmental Protection Agency
Prepared by:
Todd Rettig
Ill inoi s
Envi ronmental
Protection Agency
2200 Churchill Road
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217)782-5544
~
a
~
Date:
5eqe9~
4
FACILITY:
Congress
Development
Company
SITE CODE
NO.:
0318170002
COUNTY:
Cook
DATE
OF
INSPECTION:
March
15,
1995
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,
to Illinois Environmental Protection
Agency, Attn.:
Fiscal Services, 2200 Churchill Road,
P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
REtEIVEtY
MAY
ioiqqc
/
STATE OF ILLiNOIS
I
POLLUTION CONTRO~2~pD
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant.
V.
JOHN SEXTON SAND and GRAVEL CORP.,
Respondent.
,4~
95~-33
EPA 268-95-AC
5
