ILLINOIS POLLUTION CONTROL BOARD
    April 4,
    1996
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    AC 96-2
    v.
    )
    (JEPA No. 405-95-AC)
    )
    (Administrative Citation)
    WILLIAM E. HANNA,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD:
    (by J. Yi):
    This matter comes before the Board upon the June 28,
    1995 filing of an Administrative
    Citation pursuant to Section 31.1 ofthe Illinois Environmental Protection Act (Act) by 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 William E. Hanna on July 3,
    1995.
    The Administrative Citation alleges
    that Mr. Hanna violated Section 21(o)(1) ofthe Act by causing or allowing the occurrence of
    litter at an open dump on his property located
    in Carroll County,
    Illinois.
    (415 ILCS
    5/21 (o)(1)
    (1994).).
    The statutory penalty established for each violation is $500.00 pursuant to
    Section
    42(b)(4) ofthe Act.
    On July 20,
    1995, Mr. Hanna submitted a letter which was interpreted to be a petition for
    review by the Board.
    On March 21,
    1996, Mr. Hanna filed a motion to withdraw his petition for
    review.
    Therefore, pursuant to Section
    31.1 (d)(1), the Board finds that Mr. Hanna 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 paid, within 30 days of
    the date ofthis order Mr. Hanna,
    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.O.
    Box
    19276
    Springfield,
    Illinois 62794-9276
    2
    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 money order.
    3.
    Penalties unpaid after the due date shall accrue interest pursuant to
    Section 42(g) of
    the Illinois Environmental Protection Act.
    4.
    Payments ofthis penalty does not prevent future prosecution if the violation continues.
    IT IS
    SO ORDERED
    Section
    41
    ofthe 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 Ppllution Control Board, hereby certify that the
    above order was adopted on the ~i/~
    day of
    (‘JYLL/.
    ,
    1996,
    by a vote of
    7C
    .
    ~
    ~7
    ~
    Thorothy M.
    Gu7~
    Clerk
    Illinois Pollut~m
    Control Board
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    -
    Complainant,
    AC
    ~
    ~
    )
    (IEPA
    No.405-95-AC)
    v.
    )
    WILLIAM HANNA,
    )
    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
    William
    Hanna
    is the present owner and/or operator
    of a facility located in the County of Carroll, 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. 0150250008.
    Said facility
    is coninonly known to the Agency as
    Savanna/Hanna.
    3.
    That Respondent has owned and/or operated said facility at
    all
    times
    pertinent hereto.
    4.
    That on May 23,
    1995, Katherine Geyer 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 Katherine Geyer, 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 May 23,
    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
    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
    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
    August
    11,
    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
    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.
    -2-
    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
    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
    -3—
    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.
    2V)C~A
    Cr~-J~•
    Mary A.
    Ga~’e,Director 4~~
    Illinois Environmental Prot~ctionAgency
    Prepared by:
    Todd Rettig
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    Illinois
    62794-9276
    (217)782-5544
    Date: ________________________
    BO
    :clw\Open
    -4-
    REMITTANCE FORM
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    ,~7
    ~
    ~
    v.
    )
    EPA 405-95-AC
    )
    WILLIAM HANNA,
    )
    Respondent.
    FACILITY:
    Savanna/Hanna
    SITE CODE NO.: 0150250008
    COUNTY:
    Carroll
    CIVIL PENALTY:
    $
    500.00
    DATE OF INSPECTION:
    May 23, 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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