ILLINOIS POLLUTION CONTROL BOARD
    March
    7,
    1996
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    AC 96-33
    )
    (IEPA No. 902-95-AC)
    STANLEY THOMPSON,
    )
    (Administrative Citation)
    )
    Respondent.
    )
    )
    ORDER OF THE BOARD:
    This matter comes before the Board upon the January
    12,
    1996 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 printed in the Board’s opinion volumes.
    Service ofthe
    Administrative Citation was made upon Stanley
    Thompson
    (Thompson) on January
    11,
    1996.
    The Agency
    alleges that on November 20,
    1995 Thompson, present owner and/or operator ofa
    facility located in Kendall County and commonly known to the Agency as Stanley
    Thompson
    property, violated Section
    21@)(1) ofthe Act.
    The statutory penalty established forthis
    violation is $500.00 pursuant to Section 42(b)(4) ofthe Act.
    Thompson has not filed a Petition for Review with the Clerk ofthe Board within 35 days
    ofthe date of service
    as allowed by Section
    31.1 (d)(2) ofthe Act.
    Therefore, pursuant to Section
    31.1 (d)(l), the Board finds that Thompson 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 Thompson 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:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill
    Road, P. 0.
    Box 19276
    Springfield, Illinois 62794-9276

    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 Act.
    4.
    Payment ofthis penalty does not prevent future prosecution if the violation continues.
    IT IS SO ORDERED.
    Section
    41 ofthe Act
    (415
    ILCS
    5/41
    (1994)) provides for the appeal of final Board
    orders within 35 days of the date ofservice ofthis order.
    The Rules ofthe Supreme Court of
    Illinois establish filing requirements.
    (See also 35 Ill.Adm.Code
    101.246 “Motions for
    Reconsideration.”)
    I, Dorothy M. Gunn, Clerk ofjhe
    Illinois Pollution Control Board, hereby certify that the
    above order was adopted on
    the ~
    day of
    ~
    ,
    1996, by a vote of
    7-~
    )2~.
    ~
    Dorothy M. Gi4h,
    Clerk
    Illinois Polluti~fiControl Board

    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    3
    AC___________
    )
    (IEPA No.902-95-AC)
    v.
    )
    )
    STANLEY THOMPSON,
    )
    )
    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
    Stanley Thompson
    is the present owner and/or
    operator of a facility located in the County of Kendall,
    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. 0930100001.
    Said facility is coninonly known to the Agency as Stanley
    Thompson Property.
    3.
    That Respondent has owned and/or operated said facility
    at all
    times pertinent hereto.
    4.
    That on November 20,
    1995,
    Mark Retzlaff,
    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 Mark Retzlaff,
    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 November 20,
    1995 an on—site inspection of said facility
    disclosed
    the following:
    (1)
    Causing or allowing litter in violation of 415
    ILCS 5121(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 aq 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 abovd shall
    be due and payable no later than
    February 21,
    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
    -2-

    you elect to contest this Administrative Citation, any judgment rendered
    against you shall
    specify the due date of the statutory civil
    penalty and an~
    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
    -3—

    Illinois Environmental
    Protection Agency.
    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 Illinois
    Environmental
    Protection Agency at
    2200 Churchill
    Road,
    P.O.
    Box 19276, Springfield,
    Illinois
    62794-9276,
    Attention:
    Division of Legal
    Counsel.
    7~4~
    A.
    6~&
    Mary A. G~e,Director
    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
    Date:
    /_v/..9~
    ~O~c1w~Open
    -4-

    REMITTANCE FORM
    ILL.f’~U~T.SENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    3
    V.
    )
    EPA 902-95-AC
    )
    STANLEY THOMPSON,
    )
    )
    Respondent.
    )
    FACILIT:
    Thompson Property
    SITE CODE NO.: 0930100001
    COUNTY:
    Kendall
    CIVIL
    PENALTY:
    $
    500.00
    DATE OF INSPECTION:
    November 20,
    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
    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.
    -5-

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