ILLINOIS POLLUTION CONTROL BOARD
December
7,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 96—13
(IEPA No.
571-95—AC)
)
(Administrative Citation)
OTHO TATE,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the September 18,
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 Otho Tate (Tate)
on
September 26,
1995.
The Agency alleges that on August
17,
1995,
Tate,
present owner and/or operator of a facility located in
Henderson County and commonly known to the Agency as Lomax/Tate,
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.
Tate 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 Tate has violated the provision
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
~,aid,within 30 days of the date of this order Tate 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~hereby certify t~hatthe above order was adopted on the
7~
day of
,
1995,
by a vote of
,,
Clerk
lution Control Board
Ill
RECEI~g~~1
CLERK’S OFF!CE
SEP 18
1995
STATE OF
ILUNO~S
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
POLLUTION CONTROL BO~2j
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCYI
)
Complainant,
AC____________
(IEPA
No.571-95-AC)
V.
OTHO
TATE,
)
)
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
Otho
Tate
is
the
present
owner
and/or
operator
of
a
facility
located
in
the
County
of
Henderson,
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.
0718040002.
Said
facility
Is
conronly
known
to
the
Agency
as
Lomax/Tate.
3.
That
Respondent
has
owned
and/or
operated
said facility
at
all
times
pertinent
hereto.
4.
That
on
August
17,
1995,
Lawrence
Dutton 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 Lawrence Dutton, 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 August
17,
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 are 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 October 25, 1995
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 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.
P~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.
Mary
A.
Gade,
D1rector~
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:
ill
y~
88:clw\Open
-4-
CLERK’S OFFICE
SEP 18
1995
~E~ILUNOIS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
OTHO
TATE,
IEPA DOCKET NO.
571-95-AC
)•
RESPONDENT
Affiant,
Lawrence
E.
Dutton,
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 August
17,
1995,
between
2:05 p.m.
and 2:45
p.m.,
Affiant
conducted an
inspection
of
the
open dump
in Henderson
County,
Illinois,
known
as
Lomax/Tate,
Illinois
Environmental
Protection Agency Site No. 0718040002.
3.
Affiant inspected said L&iiax/Tate open dump site by an on-
site inspection, which included walking and photographing the site.
4.
As a result of 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 accurate representation of Affiant’s observations
and factual conclusions with respect to said Lomax/Tate open dump.
Subscribed and Sworn to before
me this
~CtWc~
day of
(~u.~~&k
ACtS
&~i~
Notary Public
_~Ifl_I1~~4t~1I_II*
~~iiiSiII1Ii
.
il_thu
OFFICIAL SEAL
LINDAS. CDX
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION ~PIRES
9.5-96
~
I il.UUi I4-.-I-i-.-I-.-.-IU~
-
It
OTHO TATE,
FACILITY: Lomax/Tate
COUNTY:
Henderson
DATE
OF
INSPECTION:
DATE
REMITTED:
SS/FEIN
NUMBER:
SIGNATURE:
Respondent.
SITE
CODE
NO.:
0718040002
CIVIL PENALTY:
$
500.00
August
17,
1995
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.
~VED
CLERK’S OFFICE
SEP18
1995
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
EPA 571-95-AC
—5-
