ILLINOIS POLLUTION CONTROL BOARD
March 7,
1996
COUNTY OF
DU PAGE,
)
)
Complainant,
)
)
v.
)
AC 96-28
)
(County No. 95CD893, 95SA893)
JOSEPH F. CANTORE,
)
(Administrative Citation)
)
Respondent.
ORDER OF
THE BOARD (by J. Theodore Meyer):
This matter is before the Board upon the December 6,
1995
filing of an Administrative
Citation pursuant to Section 31.1 ofthe Illinois Environmental Protection Act (Act) by the
county of Du Page (County).
A copy ofthe Administrative Citation is attached hereto, but will
not be printed in the Board’s Opinion Volumes.
Service ofthe Administrative Citation was made upon Joseph F. Cantore (Cantore) on
December
5,
1995.
The County alleges that on October 5,
1995, Cantore, present owner ofa
storage yard facility located at 915 North Riverside Drive, Elmhurst, County of Du Page,
Illinois,
violated Section
21(p)(1) ofthe Act.
The statutory penalty
established for each violation
is
$500.00 pursuant to Section 42(b)(4) of the Act.
Cantore filed a Petition for Review on January
10,
1996.
On February 20,
1996, Cantore
filed a Motion to Withdraw the Petition for Review, admitting to the violation and
stating that
the penalties have been paid.
The Board grants the motion,
and therefore, pursuant to Section
31.1 .(d), finds that
Cantore 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, Cantore shall, by certified check or money order payable to the
Du Page County Treasurer, pay a penalty in the amount of $500.00, which is to be sent
to:
Mr. Rodd Elges
Du Page County Solid Waste Department
421 North County Farm Road
Wheaton, Illinois 60187
2
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.
3.
Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
ofthe Illinois Environmental Protection Act.
4.
Payment ofthis penalty does not prevent future prosecution ifthe violation
continues.
IT iS
SO ORDERED.
Section
41
of the Environmental Protection
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 ofIllinois establish filing requirements. (See also 35
Ill.Adm.Code
101.246
“Motions for Reconsideration”.)
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify that the
above order was adopted on the
~
day of
27i
~
,
1996, by a vote of
Clerk
ion Control Board
Illinois
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADNINISTPATIVE CITATION
COUNTY OF DUPAGE,
)
)
Petitioner,
)
v.
)
AC
7~2~-~
)
State’s Attorney
JOSEPH
F.
CANTORE,
)
Files Nos. 95CD893
95SA893
Respondent.
JURI
SDICTION
This Administrative Citation is issued pursuant to authority vested
in the Illinois Environmental Protection Agency by Public Act 84—
1320 (Illinois Compiled Statutes, 1992, Ch. 415, par. 5/31.1), and
delegated to DuPage County pursuant to Illinois Compiled Statutes,
1992,
Ch.
415,
par.
5/4.
FACTS
1.
Respondent,
Joseph
F.
Cantore,
is
the
present
owner
of
property located at 915 North Riverside Drive,
Elmhurst,
in
the County of DuPage,
State of Illinois.
2.
The subject property is used as a storage yard for landscape
waste and other debris.
3.
Respondent has owned subject property at all times pertinent
hereto.
4.
On June 20,
1995,
an inspection of the subject property was
conducted by
Darlene
Lynch,
inspector with the
County
of
DuPage.
The inspection was prompted by complaints by nearby
residents
that the
storage
yard was
emitting
foul
odors.
Various
apparent
violations
were
observed
and
documented
during
the
inspection.
(A
copy
of
the
June
20,
1995
inspection report is attached as Exhibit A, and incorporated
herein by reference).
5.
Pursuant to the inspection, an Administrative Warning Notice
(“AWN”) was filed on June 30, 1995 and served upon Respondent.
(A copy of the
AWN
is attached as Exhibit B, and incorporated
herein by reference).
Among the violations cited
in the
AWN
was the presence of litter under Section 21(p)(1).
The
AWN
required that Respondent submit a response setting forth the
reasons for the apparent violations and describing in detail
a plan for corrective action.
6.
On July 11,
1995,
Mr. Jay DeGarmo, general manager of the
subject property,
filed
a response to the
AWN
which stated
their corrective action would include modified language in
This filing submitted on recycled paper
their leases to encompass “any and all local, state, and
federal
compliance
with
regulations
in
regard
to
the
environment as well as more frequent monitoring.”
Mr. DeGarmo
also stated that he was sure the site would be clear upon a
reinspection.
(A copy of response is attached as Exhibit C,
and incorporated herein by reference).
7.
A second inspection of the subject property was conducted on
August
21,
1995.
Inspector Lynch observed and documented
apparent violations that were similar or identical to those
originally documented in the initial inspection on June
30,
1995.
(A
copy
of
August
21,
1995
inspection
report
and
accompanying
photographs
are
attached
as
Exhibit
D,
and
incorporated herein by reference).
8.
On October
5,
1995,
a
follow-up inspection
of the subject
property was conducted by Darlene Lynch and trainee Rhonda
McBride to determine if any action had been taken to clean up
the storage yard since the filing the Administrative Warning
Notice.
The inspectors observed, photographed and documented
the presence of litter, plastic items, containers, a 55 gallon
drum, landscape waste, a waste tire, and general refuse on the
ground
at
the
subject
site.
(A copy
of
October
5,
1995
inspection report is attached as Exhibit E, and incorporated
herein by reference; a copy of the photographs taken of the
subject property at the time of the inspection are attached as
Exhibits Fl-b, and incorporated herein by reference).
VIOLATIONS
On the basis
of the direct
observations of Darlene
Lynch,
the
County of DuPage has determined that Respondent was conducting a
solid waste management site at the above—described facility, which
is
required
to
have
a
permit
pursuant
to
Illinois
Compiled
Statutes,
1992,
Ch.
415, par. 5/21(d),
in a manner which resulted
in the following conditions:
A.
That
on October
5,
1995
an on—site
inspection
of
subject
property disclosed the following:
X
Cause
or
allow
the open dumping of any waste
in
violation of Illinois Compiled Statutes,
1992,
Ch.
415,
par. 5/21(a).
Conducting any waste—storage, waste treatment,
or
waste disposal operation without a permit granted
by the Agency
in violation of
Illinois
Compiled
Statutes, 1992,
Cli.
415,
par. 5/21(d).
X
Conducting any waste—storage, waste treatment,
or
waste
disposal
operation
in
violation
of
any
regulations or standards adopted by the Illinois
2
Pollution Control
Board
in violation of Illinois
Compiled Statutes, 1992,
Cli. 415,
par. 5/21(d) (2).
Causing
or
allowing
the
development
and/or
operation of a solid waste management site without
a permit
issued
by the Agency
in violations
of
Sections
807.201
and
807.202
of
the
Pollution
Control Board Regulations.
Cause
or
allow
litter
in
violation
of
Illinois
Compiled Statutes, 1992,
Cli. 415,
par. 5/21(p) (1).
X
Cause or allow open dumping of any used or waste
tire
in violation of Illinois Compiled Statutes,
1992,
Ch. 415,
par. 5/55(a).
CIVIL PENMPTY
Pursuant
to
Illinois
Compiled
Statutes,
1992,
Cli.
415,
par.
5/42(b) (4), Respondent herein is subject to a civil penalty of Five
Hundred Dollars
($500.00)
for each violation specified above
in
Paragraph A.
As set forth in the Act, however, this Administrative
Citation is limited to the prohibition of litter, as specified in
Illinois Compiled Statutes,
1992,
Cli.
415,
pars.
5/31.1(a)
and
5/21(p) (1).
The remaining violations identified above in Paragraph
A
are
enforceable
and,
if
necessary,
may. be
brought
against
Respondent under separate provisions of the Act.
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(s)
alleged
herein,
after
an
adjudicatory hearing, Respondent shall be assessed the associated
hearing costs incurred by the DuPage County State’s Attorney and
the
Illinois
Pollution
Control
Board,
in addition to
the Five
Hundred Dollar statutory penalty for each finding of violation.
If you acknowledge the violation(s)
cited hereinabove, the civil
penalty specified above
shall be due and payable no
later than
January 10,
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.
When payment
is made,
your check should be made payable to the
DuPage County Treasurer, and mailed to the attention of Rodd Elges,
DuPage County Solid Waste Department, located at 421 N. County Farm
Road,
Wheaton, Illinois 60187.
You must also complete and return
the enclosed Remittance Form,
along with your payment,
to assure
proper documentation of payment.
3
If
any civil
penalty
by
reason
of
acknowledgement,
default
or
finding
after
adjudicatory
hearing,
is
not paid when
due,
the
Illinois
Environmental
Protection
Agency
shall
take
into
consideration such failure to pay during any permit review process
upon
your
application
for
a
new permit
or
for
renewal
of
an
existing permit.
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.
Furthermore,
if payment is not received when due, the DuPage County
State’s
Attorney may
initiate proceedings
in
Circuit
Court
to
collect said civil
penalty,
interest,
and hearing
costs
of the
Illinois Pollution Control Board, in any, the State’s Attorney will
seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
See
Public Act 84—1320 (Illinois Compiled Statutes, 1992, Ch. 415, par.
5/31).
If you elect to contest this Administrative Citation, you
must file
a petition for Review with the Clerk of the Illinois
Pollution Control Board.
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 should 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.
A copy
of the Petition for Review should be filed with the Dupage County
State’s Attorney at
505
N.
County Farm Road,
Wheaton,
Illinois
60187, Attention:
Kevin D. Mack.
Kevin
D. Mack
Assistant State’s Attorney
For:
Anthony N. Peccarelli
DuPage County State’s Attorney
Date:
~
_____,
1995
Kevin
D.
Mack, for
Anthony M. Peccarelli
DuPage County
Office of the State’s Attorney
505 N. County Farm Road
Wheaton,
Illinois
60187
(708)
682—7050
Attorney No. 50000
4
REMITTANCE FORM
COUNTY OF DUPAGE,
)
)
Complainant,
AC 96—28
v.
)
(County No.
95CD893,
95SA893)
(Administrative Citation)
JOSEPH F.
CANTORE,
)
)
Respondent.
FACILITY:
Cantore Property
SITE CODE #:
0430355131
COUNTY:
DuPage
CIVIL
PENALTY:
$500.00
DATE OF INSPECTION: October 5, 1995
DATE REMITTED:
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,
made
payable
to
the
DuPage
County
Treasurer
is enclosed and mail it, along with the Remittance Form to:
Mr.
Rodd Elges, DuPage County Solid Waste Department, 421 North
County Farm Road, Wheaton,
Illinois 60187.