ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    January
    4,
    1996
    WILL COUNTY,
    )
    )
    Complainant,
    )
    V.
    )
    AC 96—25
    )
    (County No. WC 95 AC 17)
    RWS DEVELOPMENT
    )
    (Administrative Citation)
    CORPORATION,
    Respondent.
    ORDER
    OF THE BOARD:
    This matter comes before the board upon the November 16,
    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 Admini~trativcCitation io attached
    hereto, but will not be printed in the Board’s Opinion Volumes.
    Service of the Administrative Citation was made upon RWS
    Development Corporation on November 10,
    1995.
    Will County
    alleges that on September 15,
    1995, RWS Development Corporation,
    present owner and/or operator of a facility located in Will
    County and commonly known to the County as Frankfort TWP./RWS
    Development Corporation, 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.
    RWS Development Corporation 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 RWS
    Development Corporation has violated the provision alleged in the
    Administrative Citation.
    Since there are
    (3) such violations,
    the total penalty to be imposed is set at $1,500.00.
    1.
    It is hereby ordered that,
    unless the penalty has already been
    paid, within 30 days
    of the date of this order RWS Development
    Corporation shall,
    by certified check or money Order payable
    to the Will County Treasurer,
    pay a penalty in the amount of
    $1,500.00,
    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 form 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.
    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.
    Adni.
    Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar~,~herebycertify
    at the above order was adopted on the
    .q~i~’
    day of
    ,
    1996,
    by a vote of
    7-a.
    Dorothy M. p~nn,Clerk
    Illinois P~JlutionControl Board
    •
    crl~fl~~~
    ~7
    Nflvj
    61995
    POLL
    BEFORE THE ILLINOIS POLLUTION CONTROL BOA
    STATE OP ILLINOIS
    COUNTY
    OF WILL
    ADMINISTRATIVE CITATION
    COUNTY OF WILL
    )
    Complainant,
    )
    -
    AC
    96
    v.
    )
    RWS DEVELOPMENT CORPORATION
    )
    WC 95 AC 17
    )
    Respondent.
    )
    )
    JURISDICTION
    This Administrative Citation is issued pursuant to the
    authority vested in the Illinois Environmental Protection
    Agency by Public Act 84—1320
    (415 ILCS 5/31.1
    (1992)), and
    delegated to Will County pursuant to 415 ILCS 5/4(r) (1992).
    FACTS
    1.
    That Respondent, RWS Development Corporation,
    is
    the present owner and/or
    operator
    of a facility located in
    the County of Will, State of Illinois.
    2.
    That said sites at the facility are open dumps,
    operating without an Illinois Environmental Protection
    Agency operating Permit, and designated with Site Code No.
    1970400010.
    Said facility is commonly known to the Agency
    as
    PRANKPORT
    Tw~
    .
    /RWS
    DEVELOPMENT
    CORPORATION.
    3.
    That Respondent has owned and/or operated said
    facility at all times pertinent hereto.
    The sites owned by
    respondent are known by Will County Property Index Numbers
    (P.I.N.) 09—14—401—001, 09—14—415—003,
    and 09—14—416—040.
    4.
    That on September 15,
    1995, Frank Kalisik of the
    County of Will, inspected the above-described open dump
    sites.
    A copy of the Inspection Report setting forth the
    results of such inspection
    is attached hereto and made a
    part hereof.
    7IQLATIONS
    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 September
    15,
    1995,
    an on-site inspection
    of said facility disclosed the following:
    iL
    Causing or allowing litter (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    ½,
    par.
    1021(p)(1)
    formerly
    1021(q) (1)).
    —
    Causing or allowing scavenging operations
    (Ill.
    Rev.
    Stat.
    1991,
    ch. 111
    ½~
    par.
    1021(p)(2)
    formerly
    1021(q) (2)).
    —
    Causing or allowing open burning
    (Ill.
    Rev.
    stat.
    1991,
    ch. 111
    ½,
    par.
    1021(p) (3)
    formerly
    1021(q) (3)).
    Causing or allowing the deposition of waste
    in standing or flowing waters
    (Ill. Rev.
    Stat.
    oh. 111
    ½,
    par 1021(p) (4)
    formerly
    1021(q) (4)).
    —
    Causing or allowing proliferation of disease
    vectors
    (Ill. Rev. Stat.
    1991, ch. 111
    ½,
    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,
    ch.
    111
    ½,
    par.
    1021(p)(6)
    formerly
    1021(q) (6)).
    2
    Pursuant to Ill.
    Rev,
    stat.
    1991,
    cii.
    ill
    ~,
    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 $1,500.00.
    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 December 14, 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 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:
    3
    The Will county Land Use Department,
    Solid Waste Division,
    Attention:
    Frank Kalisik, Waste Services Analyst, 501 Ella
    Avenue, Joliet, Illinois 60433.
    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 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, ch.
    11.
    ½,
    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:
    _____________
    CYNTHIA S. CAMPBELL
    Assistant State’s Attorney
    Date: November 9,
    1995
    5
    REMITTANCE
    FORM
    PEOPLE OF THE COUNTY OF WILL
    Respondent.
    )
    AC96
    )
    )
    WC95
    AC17
    )
    )
    FACILITY: RWS DEVELOPMENT CORP.
    SITE CODE NO.:
    1970400010
    DATE OF INSPECTION: SEPTEMBER 15, 1995
    DATE REMITTED:
    55/FEIN
    NUMBER:
    SIGNATURE:
    NOTE
    Please enter the date of your remittance, your Social Security
    number
    (55)
    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
    Icalistic,
    Waste
    Services Analyst,
    501 Ella Avenue,
    Joliet,
    Illinois 60433.
    Complainant,
    v.
    RWS
    DEVELOPMENT
    CORPORATION
    COUNTY:
    WILL
    CIVIL PENALTY:
    $1,500.00

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