SLL.LNU.LS
YULLUTSUFI
~ur4muL.
bUAIU
September 21,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 96—7
)
(IEPA No.
477—95—AC)
)
(Administrative Citation)
ALICE E. GUTH,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the August 3, 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 Alice
E. Guth
(Guth)
on
August 3,
1995.
The Agency alleges that on June 9,
1995, Guth,
present owner and/or operator of a facility located in Tazewell
County and commonly known to the Agency as Washington Twp./Guth
Property, 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.
Guth 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 Guth has violated the provision
alleged in the Administrative Citation.
Since there is one
(I)
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 of the date of this order Guth shall, by
certified check or money order payable to the Illinois
Environmental Protection Trust Fund, pay a penalty in the
amount of $500.00, which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road,
P.
0. Box 19276
Springfield, Illinois 62794—9276
2. Respondent shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Numbers on the certified check or
2
money order.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
the violation continues.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS 5/41
(1994)), provides for appeal of final orders of the Board within
35 days.
The Rules of the Supreme Court of Illinois establish
filing requirements.
(See also 35 Ill. Adm.
Code 101.246,
Motions for Reconsideration.)
I, Dorothy N.
Gunn, clerk
of
the Illinois Pollution control
Board~,herebycertify4’that the above order was adopted on the
day of
,
1995,
by a vote of
Dorothy N.
Illinois
clerk
:tion Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
-
31995
ADMINISTRATIVE
CITATION
sTArE
OF~LUNOIs
POLLUTION
CONTROL BOARD
~)URI$~j~TION
This Administrative Citation is issued pursuant to
the illinois Environmental Protection Agency by 415 ILCS
FACTS
1.
That Respondent Alice E. Guth is the present owner and/or operator
of a facility located in the County of Tazewell,
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.
1798180026.
Said facility is commonly known to the Agency as
Washington Twp./Guth Property.
3.
That Respondent has owned and/or operated said facility at all
times
pertinent hereto.
4.
That on June 9,
1995,
Eugene Figge 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.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V.
ALICE
E.
GUTH.
Respondent.
AC______
(IEPA No.477-95-AC)
authority vested in
5/31.1,
(1992).
VIOLATIONS
On the basis of direct observation of Eugene Figge,
the Illinois
Environmental
Protection Agency has determined that Respondent has caused or
allowed open dumping at the above-described facility in
a manner which
resulted in the fvllowing occurrences:
A.
That on June 9, 1995 an on-site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter
in
violation of 415 ILCS 5/2I(p)(l),
(1992).
CIVIL
PENALTY
Pursuant to 415 ILCS 5/42(b)(4),
(1992), Respondent herein is subject to
a
civil
penalty 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
September 8,
1995
If you do not petition the Illinois Pollution Control Board for review of this
Administrative Citation within thirty-five
(35) days uf 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—
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 enclos~edRemittance
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
THIS
ADMI4ISTRATIVE CITATION
You have the right to contest this Administrative Citation.
£e.g
415
ILCS 5/31.1,
(1992).
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
Illinois
Environmental
Protection Agency.
Such Petition for Review atuit 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
—3-
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 Ro~ad, P.O. Box 19276,
Springfield, Illinois
62794-9276,
Attention:
Division of Legal
Counsel.
74
Mary A.°d~’?
DirectOr
4~g
i~cc.
Illinois Environmental Protection Agency
Prepared by:
Todd Rettig
Illinois Environmental
Protection
Agency
2200 Churchill
Road
P.O. Box 19276
Springfield,
Illinois
62794-9276
(217) 782-5544
at—
Date:
7e7pte~
80
•
ci .AOp.n
-4-
AUG -31995
STATE OF ILLINOis
~Q~TIONCONTROL~OA~O
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
Alice
E.
Guth,
,,4c
t5cc7
IEPA
DOCKET
NO.
477-95-AC
RESPONDENT
)
Affiant,
R. Eugene Figge, being first duly sworn, voluntarily
deposes and states as follows:
1.
Affiant
is
a
field
inspector
employed
by
the
Land
Pollution Control Division of the Illinois Environmental Protection
Agency and has been so employed at all times pertinent hereto.
2.
On June
9,
1995, between 3:40 p.m. and 4:40 p.m., Affiant
conducted
an
inspection
of
the
open
dump
in
Tazewell
County,
Illinois,
known
as
Washington
Twp./Guth
Property,
Illinois
Environmental Protection Agency Site No. 1798180026.
3.
Affiant inspected said Washington Twp./Guth Property open
dump site by an on-site
inspection,
which
included walking and
photographing the site.
4.
As a result ot the activities referred to in Paragraph 3
above, Affiant completed the Inspection Report Form attached hereto
and
made
a
part
hereof,
which, to the best of Affiant’s knowledge
and belief, is an ~ccmrate representation of Affiant’s observations
and factual conclusions with respect to said Washington Twp./Guth
Property open dump.
Subscribed and Sworn to before
me
this
day
of
~
t~~
~tc~C~
~
Notary
Public
r~
~
OFFICIAL
SEAL
PATRICIA L GIDEONSEN
NOTARY
PUBLIC.
STATE OF
ILLINOIS
LW
COMMiSSION
EXPIRES
4.12-98
-~
--
-
JL
REMITTAP1Ci~F0RM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
v
ALICE
E.
GUTH
Complainant,
Respondent.
EPA 477-95-AC
FACILITY: Washington Twp./Guth Property
COUNTY:
Tazewell
DATE OF INSPECTION:
June 9, 1995
DATE REMITTED:
SITE CODE NO.:
1798180026
CIVIL PENALTY:
$
500.00
55/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social
Security number
(55) it
an individual or Federal
Employer Identification Number (FEIN)
if a
corporation, and sign this Remittance
Form.
Be sure your check
is enclosed
and mall, along with Remittance Form,
to Illinois Environmental
Protection
Agency, Attn.:
Fiscal Services,
2200 Churchill
Road,
P.O. Box 19276,
Springfield,
Illinois
62794-9276.
-5-
