ILLINOIS POLLUTION CONTROL BOARD

August 3,

1995

SANGANON

COUNTY,

)

Complainant,

v.

)

AC

95—48

(SCDPH—95—AC—8)

TOWN

AND

COUNTRY

BANK

)

(Administrative

Citation)

TRUST #TA240,

)

)

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 Sangamon

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 Town and

Country Bank Trust #TA240

(Town and Country)

on June 16,

1995.

Sangalnon County alleges that on May 2,

1995,

Town and Country,

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

County and commonly known to the County as Woodside TWP./Four

Seasons, violated Sections 21(p) (1)

and 21(p) (3)

of the Act.

The

statutory penalty established for each violation is $500.00

pursuant to Section 42(b)(4)

of the Act.

Town and Country 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 Town and Country has

violated the provisions alleged in the Administrative Citation.

Since there are

(2)

such violations, the total penalty to be

imposed

is set at $1,000.00.

1.

It is hereby ordered that,

unless the penalty has already been

paid, within 30 days of the date of this order Town and

Country shall,

by certified check or money Order payable to

the Sangamon County Department of Public Health, pay a penalty

in the amount of $1,000.00, which is to be sent to:

James D. Stone, Director

Sanganion County Department of Public Health

200 South Ninth Street, Room 301

Springfield, Illinois 62701

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

order.

---

2

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.

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,

Notions for Reconsideration.)

IT IS SO ORDERED.

Board Member J. Theodore Meyer concurred.

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution Control

Board, ,~ierebycertify that the above order was adopted on the

~A-k

day of

,

1995, by a vote of

5-i)

.

~,

~

Dorothy M.K~unn,Clerk

Illinois ~o~1ution Control Board

---

BEFORE 11~iLliNOIS POLLUTION CONTROL

ADMINISTRATIVE CITATION

SANGAMON COUNTY,

)

Complainant,

)

AC

2~

4”

)

Administrative

-vs-

)

SCDPH-95-AC-8

)

TOWN AND

COUNTRY BANK

)

TRUST #TA240,

)

)

Respondent.

)

JURISDICTION

This Administrative Citation is issued pursuant to authority vested

in the Illinois

Environmental

Protection Agency by

415

ILCS

5/31.1

(1993), and delegated to Sangamon

County pursuant

to 415

ILCS

514

(r)

(1993).

FACTS

1.

That the Respondent, Town and

Country

Bank Trust #TA240, is the present owner

of a facility located

in the County of Sangamon,

State of Illinois.

2.

That said facility is an

open dump,

operating

without an Illinois Environmental

Protection Agency Operating Permit, and

is

designated with

Site

Code No.

1678250029.

Said

facility

is commonly known

to

the Agency as

Woodside

Twp.IFour

Seasons.

3.

That the Respondent, Town and Country Bank Trust #TA240

has

owned said

facility

at

all

times pertinent hereto.

4.

That on May 2,

1995,

Allen Alexander,

a Solid Waste Inspector with the

Sangamon County Department of Public Health, 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 thereof.

---

VIOLATIONS

On the basis of the direct observations of Allen Alexander,

Sangamon County has

determined that the 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 2,

1995,

an on-site

inspection of said facility disclosed the

following:

Causing or

allowing

litter

(415

1LCS

5/21

(p)

(1)

(1993));

and

Causing

or

allowing open burning (415

ILCS

5/21

(p)

(3) (1993).

CIVIL PENALTY

Pursuant to

415

ILCS

5/42

(b)

(4)

(1994),

the Respondent herein

is subject to a civil

penalty of five hundred dollars

($500.00)

for each violation specified above in Paragraph A and

subpaparagraphs hereunder,

for a total of $1,000.00.

Additionally, should the Respondent elect

to petition

the Illinois Pollution Control Board under the review process described herein below,

and if there is a finding of the violations

alleged herein, after an adjudicatory hearing,

the

Respondent

shall

be assessed

the associated

hearing costs incurred by

Sangamon County and

the Illinois

Pollution Control Board,

in addition

to the

five hundred

dollar

($500.00)

statutory

penalty

for

each finding of violation.

Ifyou acknowledge

the violations cited

hereinabove,

the civil

penalty specified above shall

be due

and

payable

no

later than

thirty

five

(35)

days

from

the date

of service of this

Administrative Citation.

If you do

not petition the Illinois Pollution Control Board

for review

of this Administrative

Citation within the thirty

five

(35)

days,

or if you elect to contest this

Administrative

Citation,

anyjudgment

rendered against you shall specify the due date of the

statuatory civil penalty and

any costs assessed

against you.

---

When

payment is made, your check should be

made

payable to the Sangamon County

Department of Public Health and mailed to the attention ofJames D. Stone, Director, 200 South

Ninth Street,

Room 301, Springfield,

Illinois,

62701.

Also, please complete and return the

enclosed

Remittance

Form

to assure proper documentation of your 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 shall be assessed

for the period

from the

date payment was due until the date payment

was

received.

If any civil penalty,

by

reason of

acknowledgement,

default, or finding after adjudicatory hearing,

is

not paid

when due,

either

the Office of the

Illinois Attorney

General

or the Office of the Sangamon County

State’s

Attorney

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 Sangamon

County and the Illinois Pollution Control Board, if any,

either the Attorney General’s Office or

the State’s

Attorney’s Office

shall seek

to recover their costs of litigation.

PROCEDURE FOR CONTESTING TifiS

ADMINISTRATIVE

CITATION

You have the right to contest this Administrative

Citation.

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 ofthe Petition for Review should be filed with the Sangamon

County Department of Public

Health.

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 must be

filed with the Clerk

of the Illinois Pollution Control Board at the State ofIllinois Center,

100 West Randolph Street,

Suite

11-500,

Chicago,

Illinois,

60601,

and a copy of said Petition for

Review filed with the

---

Sangamon County Department ofPublic Health, 200 South Ninth Street, Room 301, Springfield,

Illinois,

62701.

The

procedure for filing a Petition for Review can be found

in 415 ILCS 5/3 1.1

(1993), and

Part

101 of Title 35 of the Illinois Administrative Code.

Date:

~

/~

f?f~

James D.

Stone,

Director

SANGAMON

COUNTY

DEPARTMENT OF PUBLIC

HEALTH

BY:

)~JJL~

Steven W. Giebeihausen

Prepared

by:

Steven W. Giebeihausen

Assistant

State’s

Attorney

Sangarnon County State’s

Attorney’s Office

200 South Ninth

Street, Room 402

Springfield, IL

62701

(217)

753-6690

JDS/SWG/AAIBW/JF:vah

---

RECEIVED

JUN

1 ~T

1995

REMITTANCE FORM

~

~.‘.

~pLLUTDT

~

L~sT

J

SANGAMON COUNTY

)

Cl.

/

Complainant,

)

AC

,~

5’

)

Admincitrative Citation

-vs-

)

SCDPII-95-AC-8

)

TOWN AND

COUNTRY

BANK

)

TRUST #TA240,

)

)

Respondent.

)

FACILITY:

WOODSIDE

TWP./FOUR

SEASONS

SiTE

CODE:

COUNTY:

SANGAMON

CIVIL PENALTY:

DATE OF INSPECTION:

May 2,1995

DATE

REMITTED:

__________________

S.S.#/F.E.I.N.:

_________________________

SIGNATURE:

___________________

NOTE

Please enter the

date of your remittance,

your social

security

number (S.S.#) if an

individual,

or

your

Federal

Employer

Identification

Number

(F.E.I.N.) if a

corporation,

and

sign

this

Remittance Form.

Be sure that

your

check

is enclosed and mail

with

this form

to

James D.

Stone, Director, Sangamon County

Department of Public Health, 200 South Ninth Street, Room

301, Springfield, Illinois,

62701.

JDS:vh