ILLiNOIS POLLUTION CONTROL BOARD
    February
    1,
    1996
    WILL
    COUNTY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    AC 96-29
    )
    (County
    No.
    WC
    95 AC
    18)
    JAMES
    MALLETTE,
    )
    (AdministrativeCitation)
    )
    Respondent.
    )
    ORDER
    OF
    TIlE
    BOARD:
    This matter comes before the Board upon the December
    8,
    1995
    filing ofan
    Administrative
    Citation pursuant to Section 31.1 ofthe Environmental Protection Act (Act) by
    Will County (County).
    A copyofthat Administrative Citation is attached hereto, but will not be
    printed in the Board’s Opinion Volumes.
    Service ofthe Administrative Citation was made upon
    James Mallette on December
    5,
    1995.
    The County alleges that on November 21,
    1995, James
    Mallette, present owner and/or operator ofa facility located in Will County and commonly known
    to the County as Crete TWP/Mallette Property, violated
    Section 2l(p)(l) ofthe Act.
    The
    statutory penalty established for this violation is $500.00 pursuant to Section 42(b)(4) ofthe Act.
    James Mallette has not filed a Petition for Review with the Clerk ofthe Board within 35
    days ofthe date ofservice as allowed by Section 31.1(d)(2) ofthe Act.
    Therefore,
    pursuant to
    Section 31. 1(d)(1), the Board finds that James Mallette has violated the provisions alleged
    in the
    Administrative
    Citation.
    Since there is one (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 ofthe date
    ofthis order James Mallette shall, by certified check or money order payable to 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:
    Amy
    Varsek, 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 numbers
    on the certified check or money
    order.
    2
    3.
    Penalties unpaid afterthe due date shall accrue interest pursuant to Section 42(g) oftheAct.
    4.
    Payment ofthis penalty doesnot prevent future prosecution if the violation continues.
    IT IS
    SO ORDERED.
    Section 41 ofthe Act
    (415
    ILCS
    5/41 (1994)) provides for the appeal offinal Board
    orders
    within
    35
    days ofthe date ofservice of
    this
    order. The Rules ofthe Supreme Court of
    Illinois
    establish filing requirements.
    (See also
    35
    III. Adm. Code
    101.246
    “Motions for
    Reconsideration.”)
    I, Dorothy M.
    Gunn, Clerk ofthe Illinois Po4ition Control Board, hereby certify that the
    above order was adopted on the/”~’
    day of
    çSAaa7_
    ,
    1996, by a vote of
    Dorothy M.
    Clerk
    Illinois Pollufibn Control Board
    r~E~v~b
    fl
    CLERKS OFFICE
    I
    DEC-81995
    1
    STATE
    OF ILLINOIS
    BEFORE THE ILLINOIS POLLUTION CONTROL ~fl!2!L22~T~2L2O~
    STATE OF ILLINOIS
    COUNTY OF WILL
    ADMINISTRATIVE CITATION
    COUNTY OF WILL
    )
    Complainant,
    )
    AC-~-~
    v.
    )
    MALLETTE,
    JAMES
    )
    WC 95 AC 18
    )
    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).
    PACTS
    1.
    That Respondent, James Nallette,
    is the present
    owner and/or operator of a facility located in the County of
    Will,
    State of Illinois.
    2.
    That said site at the facility is an open dump,
    operating without an Illinois Environmental Protection
    Agency Operating Permit, and designated with Site Code No.
    1974860005.
    Said facility is commonly known to the Agency
    as C~1!ETw~
    .
    /MALLETTE
    PROPERTY.
    3.
    That Respondent has
    owned
    and/or operated said
    facility at all times pertinent hereto.
    The site owned by
    respondent is known by Will County Property Index Number
    (P.I.N.) 15—06—100—045.
    4.
    That on November 21, 1995,
    Amy
    Varsek of the
    County of Will,
    inspected the above—described open dump
    site.
    A copy of the Inspection Report setting forth the
    results ot such inspection
    is attached hereto and made a
    part hereof
    CIVIL PENALTY
    the
    111
    V
    IppTiOt4a
    On the basis of direct observation of
    Amy
    Varsek, 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 November 21,
    1995, an on-site inspection
    of said facility disclosed the following:
    ..&.
    Causing or allowing litter
    (Ill. Rev.
    Stat.
    1991,
    ch. 111
    ½,
    par. 102l(p)(l)
    formerly
    1021(q) (1)).
    —
    Causing or allowing scavenging operations
    (Ill.
    Rev.
    Stat.
    1991, ch. 111
    ½,par.
    lO2l(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.
    ch. 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
    open dump site
    (Ill. Rev. Stat.
    1991,
    ch.
    ½,
    par.
    l021(p)(6)
    formerly
    1021(q) (6))).
    Pursuant to Ill.
    Rev. Stat.
    1991,
    ch. 111
    ½,
    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
    January
    09, 1996.
    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.
    2
    wnen 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: Amy Varsek, 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.
    PROCEDURE FOR CONTESTING TillS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative
    Citation.
    £~,
    Ill.
    Rev. Stat.
    1991,
    ch.
    111
    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
    Petjt4pu_tor 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,
    9 I),linois,,
    By:
    _________________
    CYNTHIA
    S.
    CAMPBELL
    Assistant
    State’s
    Attorney
    Date:
    December
    4,
    1995
    3
    REMITTANCE
    FORM
    PEOPLE
    OF
    THE
    COUNTY
    OF
    WILL
    Complainant,
    V.
    JAMES MALLETTE
    Respondent.
    AC 96”~27
    WC 95 AC
    18
    FACILITY:
    JAMES MALLETTE
    COUNTY:
    WILL
    SITE CODE NO.:
    1974860005
    CIVIL PENALTY: $500.00
    DATE OF INSPECTION: NOVEMBER 21,
    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
    From.
    Be sure your check is enclosed
    and mail,
    along with Remittance Form,
    to the Will County Land
    Use
    Department,
    Waste
    Services
    Division,
    Attention:
    Amy
    Varsek,
    Waste
    Services
    Analyst,
    501
    Ella Avenue,
    Joliet,
    Illinois 60433.
    5

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