ILLINOIS POLLUTION CONTROL
BOARD
October 5,
1995
ILLINOIS ENVIRONMENTAL
PROTECTION
AENCV,
Complainant,
)
v.
)
AC 96—1.1
(IEPA No.
501—95—AC)
)
(Administrative Citation)
THOMAS
E.
DAMM
and
MARILYN
)
S.
DAMM,
Respondents.
ORDER
OF
THE
BOARD:
This
matter
comes before the
Board
upon
the
August
23,
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 Thomas E. Damm and Marilyn
S. Damm on August 19,
1995.
The Agency alleges that on July 11,
1995, Thomas E. Damm and Marilyn S.
Dainin, present owners and/or
operators of a facility located in Macoupin County and commonly
known to the Agency as Girard/Danun, violated Sections 21(p) (1),
21(p)3 and 21(p)5 of the Act.
The statutory penalty established
for each violation is $500.00 pursuant to Section 42(b)(4) of the
Act.
Thomas E.
Danuu and Marilyn S.
Damm
have
not
filed a Petition
f
or 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
Thomas
B.
Dainm and Marilyn
S. Damm,
have violated the provisions
alleged in the Administrative Citation.
Since there are three
(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
~
within 30 days of the date of this order Thomas E.
Damm
and Marilyn
S.
Damiu,
by certified check or money order payable
to the Illinois Environmental Protection Trust Fund, pay a
penalty in the amount of
$1,500.00, which is to be sent to:
Fiscal
Services
Illinois
Environmental
Protection
Agency
2200
Churchill
Road,
P.
0.
Box
19276
Springfield,
Illinois
62794—9276
2
2. Respondents
shall include
the remittance form
and write the
case
name and number and their social security
or federal
Employer Identification Number on the certified check or money
order.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
the violation continues.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS 5/41
(1994)), provides for appeal of final orders of the Board within
35 days.
The Rules of the Supreme Court of Illinois establish
filing requirements.
(See also 35 Ill.
Adin. Code 101.246,
Motions for Reconsideration.)
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boar~ hereby certify tha. the above order wa~adopted on the
~
day of
,
1995,
by a vote of
q~
o.
Dorothy M/~unn, Clerk
Illinois ~llution
Control Board
6EFORE ThE ILLiNOIS POLLUTION CONTROL BOARD
I~.LIG
2
3 1995
ADMINISTRATIVE CITATiON
STAiEOF/LU~OtS
POLLUT~ON
coF~4rRoL
8OA$~fl
ILLINOIS ENViRONMENTAL PROTECTION AGENCY,
Complainant,
AC
¶E~~
-~//
(IEPANo.
50T~5AC)
V.
ThOMAS
E.
0P~4M
and MARILYN S. DA.MM,
Respondents.
JURISDICTIOJ4
This Ad.ministrat~veCitation is issued pursuant to authority vested in
the ifl7nois Environmental
Protection Agency by 415 ILCS 5/31.1, (1992).
E~I~
1.
That Respondents Thomas E. Darn and Marilyn S.
Darn
are the
present owners arid/or operators of
a facility located in the County of
Macoupin, 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.
1170400012.
Said facility Is
conmonly
known
to the Agency as
Girard/Danin’s Salvage.
3.
That Respondents have owned andlor operated said facility at all
times pertinent hereto.
4.
That on July 11, 1995, William Walkenbath 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 Walkenbach, the Illinois
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 July 11,
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).
(2)
Causing or allowing open burning in violation of 415 ILCS
5/21(p) (3),
(1992).
(3)
Causing or allowing proliferation of disease vectors in violation
of 415 IICS 5/21(p)(5),
(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
speeified above
in
Paragraph A,
for a total of One Thousand Five Hundred
Dollars ($1,500.00).
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 Control Board,
In addition to the Five Hundred Dollar
($500.00)
statutory penalty for each finding of violation.
If you acknowledge the violations cited hereinabove, the civil penalty
specified above shall
be due and payable no later than
September 27,
1995
-2-
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 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
TI1I~
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,
—3-
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 fl~it
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.
~?1’L,t.~1
,4.
G-~
Mary
A.
Gad~’,Director
4
Illinois
Environmental
Protection
Agency
Prepared
by:
Todd
Rettig
Illinois
Environmental
Protection
Agency
2200
Churchill
Road
P.O.
Box
19276
Spri ngfiel d,
1111noi s
62794—9276
(217) 782-5544
Date:
BD:clw\Open
-4-
DATE REMITTED:
AUG
23
1995
STATE OF ILLINOIS
POLLUTION
CONTI?OL BOARD
SS/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,
to Illinois
Environmental
Protection
Agency,
Attn.:
Fiscal
Services,
2200
ChurchIll
Road,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
REMITTANCE FORM
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
)
Complainant,
~
d~-
v.
)
EPA
501-95-AC
)
THOMAS
E.
DAMM and MARILYN S. DAMM,
)
)
Respondents.
)
FACILITY: Girard/Dams Salvage
SITE CODE NO.:
1170400012
COUNTY:
Macoupin
CIVIL PENALTY: $1,500.00
DATE OF INSPECTION;
July 11, 1995
-5-
