ILLINOIS POLLUTION CONTROL BOARD

August

3,

1995

WILL COUNTY,

)

)

Complainant,

)

v.

)

AC 95—45

(County No.

95 AC 07)

RWS DEVELOPMENT

)

(Administrative Citation)

CORPORATION,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon the June 19,

1995

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act) by Will County.

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 RWS Development

Corporation on June

15,

1995.

Will County alleges that on May

17,

1995,

RWS Development Corporation, present owner and/or

operator of a facility located in Will County and commonly known

to the County as Frankfort TWP./RWS Development Corporation,

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.

RWS Development Corporation 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 RWS

Development Corporation has violated the provision alleged in the

Administrative Citation.

Since there is

(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 of the date of this order RWS Development

Corporation shall,

by certified check or money Order payable

to the Will County Treasurer, pay a penalty in the amount of

$500.00, which is to be sent to:

The Will County Land Use Department

Solid Waste Division

Attn: Frank Kalisik, Waste Services Analyst

501 Ella Avenue

Joliet, Illinois 60433

2. Respondent shall include the remittance form and write the

case name and number and his social security or federal

Employer Identification Number on the certified check or money

---

2

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.

Board Member J. Theodore Meyer concurred.

Section 41 of the Environmental Protection Act,

(415 ILCS 5/41

(1992)), 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 M.

Gunn,

Clerk of the Illinois Pollution Control

Boa~

,

hereby certify

that

the above order was adopted on the

_______

day of

,

1995, by a vote of

6-c.

(

~

Dorothy N. G~hn,Clerk

Illinois p~iution Control Board

---

JUN

191995

STAFE OF ILUNOIS

POLLUTION CONTROL BOARD

BEFORE

THE

ILLINOIS POLLUTION CONTROL

BOARD

STATE OF ILLINOIS

COUNTY

OF WILL

ADMINISTRATIVE CITATION

COTThFTY OF WILL

Complainant,

)

-~

AC

v.

RWS DEVELOPMENT CORPORATION

)

WC 95 AC

7

Respondent.

JURI

SDICTION

This Administrative Citation is issued pursuant to the

authority vested

in

the

Illinois

Environmental

Protection

Agency by

Public Act 84-1320

(415

ILCS 5/31.1

(1992)),

and

delegated to Will County pursuant to 415 ILCS 5/4(r)

(1992).

PACTS

1.

That Respondents,

RWS Development

Corporation,

is

the present owner and/or operator of a facility located in the

County of Will,

State of Illinois.

2.

That said site is

~an

open dump, operating wit~out an

Illinois Environmental Protection Agency Operating Permit, and

designated with Site Code No.

1970400010.

Said facility is

commonly known

to the Agency

as FR~soRTTw~.JRWSDEvELoPMEm~

CoRPoRATIoN.

---

3.

That

Respondent

has

owned

and/or

operated

said

facility at all

times pertinent hereto~

The site owned by

respondents

is known

by Will

County

Property Index

Number

(P.I.N.) 09-14-401-001.

4.

That on May 17, 1995, Frank Kal±sikof the County of

Will,

inspected the above-described open dump site.

A copy of

the

Inspection

Report

setting

forth

the

results

of

such

inspection is attached hereto and made a part hereof.

VIOLATLON~S

On the basis of direct observation of Frank Kalisik,

the

County of Will 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 May 17, 1995,

an on-site inspection of said

facility disclosed the following:

.jç..~.

Causing or allowing litter

(Ill.

Rev.

Stat.

1991,

ch. 111

1/2,

par.

1021(p) (1)

formerly

1021(q) (1))).

—

Causing or allowing scavenging operations (Ill.

Rev.

Stat.

1991,

ch.

111 1/2,

par.

1021(p) (2)

formerly

1021(q) (2)3)

Causing or allowing open burning

(Ill.

Rev.

Stat.

1991,

ch.

111

1/2,

par.

l021(p) (3)

formerly

1021(q) (3)))

—

Causing or allowing the deposition of waste in

2

---

standing or

flowing

watezs

(Ill.

Rev.

Stat.

ch.

111

1/2,

par

1021(p) (4)

formerly

1021(q) (4))).

—

Causing or allowing proliferation

of disease

vectors

(Ill.

Rev.

Stat.

1991,

ch.

111

1/2,

par.

1021(p)(5)

I~formerly1021(q) (5))).

—

Causing or allowing the—generation of standing

or flowing liquid discharge from the open dump

site

(Ill.

Rev-.

Stat.

1991,

ch.

111 1/2,

par.

1021(p) (6)

formerly

1021(q) (6)3)

CIVIL

PENALTY

Pursuant

to

Ill.

Rev.

Stat.

1991,

ch.

111

1/2,

par.

1042 (b) (4), Respondent herein is subject to a civil penalty of

Five Hundred Dollars

($5-O0.00)

for each violation specified

above in Paragraph one,

for a total of $500.00.

Additionally,

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 alleged herein,

after an adjudicatory hearing,

Respondent shall be assessed

the associated hearing costs

incurred by the County

of -Will

and the Illinois Pollution Control Board Pollution Control

Board,

in

addition

to

the

Five

Hundred

Dollar

($500.00)

statutory penalty for each fihding of violation.

If you acknowledge the violation cited hereinabove,

the

civil penalty specified

above

shall be due and payable no

later

than

July

21,

1995.

If

you

do

not

petition

the

3

---

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 County of Will and mailed to:

The Will County Land Use

Department,

Solid Waste Division, Attention:

Frank Kalisik,

Waste

Services Apalyst,

501

Ella Avenue,

Joliet,

Illinois

60433.

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 State’s Attorney of Will County 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

County of Will,

and Illinois Pollution Control Board,

if any,

the State’s Attorney’s Office will seek to recover their costs

of litigation.

4

---

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You

have

the

right

to

contest

this

Administrative

Citation.

~,

Ill.

Rev.

Stat.

1991,

ch.

11.

1/2,

par.

1031.1.

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 Will County State’s Attorney,

Attention:

Cynthia-Campbell at 14 West Jefferson Street, Room

200, Joliet, Illinois 60431.

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 Will County State’s

Attorney,

Attention:

Cynthia

Campbell,

14

West

Jefferson

Street, Room 200,

Joliet,

Illinois 60431.

James W. Glasgow

State’s Attorney

Will County,

Illinois

By:_____

C

HIA S.

CAMPBELL

Assistant State’s Attorney

Date:

June 14,

1995

5

---

REMITTANCE FORM

PEOPLE OF THE COUNTY OF WILL

)

)

Complainant,

)

AC 95~~

)

V.

)

RWS

DEVELOPMENT CORPORATION

)

WC 95

AC 7

)

Respondent.

FACILITY:

RWS DEV. CORP.

SITE CODE NO.:

l970400010

COUNTY:

WILL

CIVIL PENALTY:

$500.00

DATE OF INSPECTION:

MAY

17,

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,

alQng with Remittance

Form.

Be sure your check is enclosed

and mail,

along with Remittance

Form,

to

the Will County Land

Use Department,

Waste Services Division,

Attention:

Frank

Kalisik,

Waste Services

Analyst,

501 Ella Avenue,

Joliet,