~LL1NOIS
POLLUTION CONTROL BOARD
February
1,
1996
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
)
v.
)
AC 96-30
)
(IEPANo.
709-95-AC)
RICHARD
VAUGHN d/b/a
)
(Administrative Citation)
RICHARD’S TIRE HAULING,
)
)
Respondent.
)
ORDER OF THE 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
the Illinois Environmental Protection Agency (Agency).
A copy ofthat Administrative Citation is
attached hereto, but will not be printedin the Board’s Opinion Volumes.
Service ofthe
Administrative Citation was made upon Richard Vaughn d/b/a Richard’s Tire Hauling (Vaughn)
on December 8,
1995.
The Agency alleges that on October 10,
1995,
Vaughn,
present owner
and/or operator ofa facilitylocated in Williamson County and commonly known to the Agency as
Marion/LindaHickey, 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.
Vaughn has not filed a Petition for Review with the Clerk ofthe Board within 35 days of
the date ofservice as allowed by Section 31. l(d)(2) oftheAct.
Therefore, pursuant to Section
31. 1(d)(1), the Board finds that Vaughn hasviolated the provisions alleged in the Administrative
Citation.
Since thereis 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 Vaughn shall, by certified check ormoney 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 case name and number and his
social security or federal employer identification numbers
on the certified check or money
order.
2
3.
Penalties unpaid after the
due date shall accrue interest pursuant to
Section 42(g) ofthe Act.
4.
Payment ofthis penalty does not prevent future prosecution ifthe 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 of service ofthis order. The Rules ofthe Supreme Court of
illinois establish filing requirements.
(See also
35
Ill. Adm. Code
101.246 “Motions for
Reconsideration.”)
I, DorothyM.
Gunn, Clerk ofthe illinois Pz4fution Control Board, hereby certif~’
that the
above order was adopted on the
4’~
day of
çZct~c~c-n1~
,
1996, bya vote of
Dorothy M. Oyzifi/ Clerk
Illinois Pollutibg,tontrol Board
flCEIVE51
CLERK’S OFFICE
oEc~81ggs
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
w
ftL1NOi~
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
AC____________
)
(IEPA No.7O9-95~AC)
V.
RICHARD VAUGHN d/b/a RICHARD’S TIRE HAULING,
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 Richard Vaughn d/b/a Richard’s Tire
Hauling is
the present owner and/or operator of a facility located in the County of
Williamson, 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.
1998580038.
Said facility is coninonly known to the Agency as
Marion/Linda Hickey.
3.
That Respondent has owned and/or operated said facility at
all
times pertinent hereto.
4.
That on October 10,
1995, Ronald Clark, 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 Ronald Clark, 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 following occurrences:
A.
That on October 10, 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).
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
January 11, 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
-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 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
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,
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 ini~itbe
-3-
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.
4c1oL
Mary ~
Director
4.
Illinois Environmental Prot&tlon Agency
Prepared
by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield,
IllInois
62794—9276
(217) 782—5544
Date: _________________________
BD:t1ui~Open
-4-
RICHARD VAUGHN d/b/a RICHARD’S TIRE
HAULING
Respondent.
FACILITY: Marion/Linda Hickey
COUNTY:
Williamson
DATE REMITTED:
,x~2c~
?~o
EPA
709-95-AC
SITE CODE NO.
: 1998580038
CIVIL PENALTY:
$
500.00
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.
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
V.
RECEIVED
CLER~K’S
OFFICE
DEC-81995
STATE OF ILLINO~S
P~Lwr~of~
CONTROL
~OA~D~
DATE
OF
INSPECTION:
October
10,
1995
-5-
