ILLINOIS POLLUTION
CONTROL BOARD
April 4,
1996
LASALLE COUNTY,
)
)
Complainant,
)
)
v.
)
AC 96-35
)
(Administrative Citation)
CSX TRANSPORTATION, INC.,
)
)
Respondent.
)
ORDER OF
THE BOARD:
This matter comes before the Board upon the January
19,
1996 filing of an administrative
citation pursuant to Section
31.1
ofthe Environmental Protection Act (Act) by LaSalle County.
A copy of that administrative citation
is attached hereto, but will not be printed in the Board’s
opinion volumes.
Service ofthe administrative citation was made upon CSX Transportation,
Inc. (CSX) on January
23,
1996.
LaSalle County alleges that
on December 6, 1995
CSX, present
owner and/or operator ofa facility located in LaSalle County and commonly known to the
county as CSX Transportation, Inc
(IEPA Site No. 0990805032), violated Sections 21(p)(1) and
2l(p)(3) ofthe Act.
The statutory penalty established for each violation is $500 pursuant to
Section 42(b)(4) ofthe Act.
CSX
has not
filed a petition for review with the Clerk ofthe Board within 35 days ofthe
date ofservice as allowed
by
Section
31.1(d)(2)
ofthe Act.
Therefore, pursuant to Section
31.1(d)(1),
the
Board
finds that
CSX
has violated the provision
alleged in the administrative
citation.
Since there are two (2) such violations, the total penalty to be imposed is set at
$1,000.
1.
It is hereby ordered that, unless the penalty has already been paid, within 30
days of the date of this order CSX shall, by certified check or money order
payable to the County ofLaSalle, Illinois,
pay
a
penalty
in the amount of
$1,000 which is to
be
sent to:
LaSalle County
Department of Solid Waste Management
119 West Madison Street
Room 400
Ottawa,
Illinois 61350
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.
2
3.
Penalties unpaid after the due date shall accrue
interest pursuant to Section
42(g) of the Act.
4.
Payment of this
penalty does not prevent future prosecution if the violation
continues.
IT IS
SO
ORDERED.
Section 41
of the Act (415
ILCS 5/41
(1994)) provides for the appeal of final Board
orders within
35 days of the date of service of this
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 of the Illinois PolJ~.1tionControl Board,
hereby certify
that
the above order
was adopted on the
~
day of
4~27,Q,’C
,
1996,
by a vote of
~z_O
.
Dorothy M. Gui,
Clerk
Illinois Pollution
Control Board
OFFICE OF THE
STATE’S
ATTORNEY
JOSEPH R. NAVARRO
State’s Attorney
RECEIVED
CLERKS QFF~CE
JAN
1
9
19~S
SThTE
OF
!LL’NO~S
CO~’ttROL
BOPJD
~1Etn
13TH
JUDICIALCIRCUIT
707 Etna
Rd.
Room
251
Ottaw*. IL
61350
P~u,ne
(815) 434-8340
FAX (815)434-8357
REPLY
TO:
ROBERT
M.
ESCHBACR
728
COLUMBUS
STREET
OTTAWA,
IL
61350
STATEOFILLINOIS
(815) 434—1600
COUNTY
OF
LASALLE
ADMINISTRATIVE
CiTATION
COUNTY
OF
LASALLE
V.
CSX
Transportation, Inc.
)
)
)
)
)
~5c
ACNO.______
)
)
JURISDICTION
This Administrative Citation
is issued pursuant to authority vested in the Illinois Environmental
Protection Agency by 415 ILCS
5/31.1, formerly Ill. Rev.
Stat.
1991, Ch.
1111/2, par.
1031.1,
and delegated to the County ofLaSalle pursuant to 415 ILCS
5/4
(r), formerly Ill. Rev. Stat.,
Ch.
1111/2
par 1004 (r).
FACTS
Complainant,
Respondent.
1.
ThatRespondent,
CSX
Transportation, Inc.,
is the present owner and/or operator of
the railroad facility located west ofBoyce Memorial Drive down the access road south ofthe
railroad crossing at Boyce Memorial Drive.
Said property is also described as the railroad
property located in the central part of Section 9, Township 33 North, Range
3 East, located in
Ottawa Township, County ofLaSalle and the State of Illinois.
2.
That said facility is an open dump, operating without an Illinois Environmental
Protection Agency Permit, and designated with Site Code No. 0990805032.
Said facility is
commonly known to the Agency as
CSX
Transportation, Inc.
3.
That Respondent has owned and/or operated said facility at all times pertinent hereto.
4.
That on December 6, 1995, Duane Swartzendruber, ofthe LaSalle County Department
of Solid Waste Management, under the authority ofthe Illinois Environmental Protection Agency,
inspected the above described facility.
A copy ofthe inspection report
setting forth the results of
such inspection is attached hereto and made a part
hereof.
VIOLATIONS
5.
On
the basis ofdirect observation ofDuane Swartzendruber, the LaSalle County
Department ofSolid Waste Management has determined that Respondent has caused or allowed
open dumping at the above described facility in a manner which resulted in the following
occurrences:
That on December 6,
1995 an on-site inspection ofsaid facility disclosed the following:
XX
Causing or allowing litter 415 ILCS
5/21
(p) (1),
(formerly Ill. Rev.
Stat.
1991,
ch.
1111/2, par.
1021
(p) (1) formerly
1021
(qXl)).
Causing or allowing scavenging operations (Ill.
Rev.
Stat.
1991, ch.
111
1/2, par. 1021
(p) (2) formerly
1021
(qX2)).
XX
Causing or allowing open burning (Ill.
Rev. Stat.
1991
ch. 1111/2,
par.
1021
(p)(3) formerly
1021 (q)(3)).
Causing or allowing the deposition ofwaste in standing or flowing waters
415 ILCS
5/21
(q)
(4), (formerly Ill. Rev.
Stat.
1991,
ch. 1111/2, par.
1021
(p)(4) formerly
1021 (q)(4)).
Causing or allowing proliferation of
disease
vectors (Ill. Rev.
Stat.
1991,
ch. 1111/2,
par.
1021
(p)(5) formerly
1021
(q)(5)).
Causing or allowing the generation ofstanding or flowing liquid discharge
from the open dump site 415 ILCS
5/21
(p) (6),
(formerly ill.
Rev. Stat.
1991, ch.
1111/2,
par. 1021
(p)(6)
formerly
1021
(qX6)).
CiVIL PENALTY
6. Pursuant to 415 ILCS
5/42 (b) (4),
formerly 111. Rev. Stat. 1991, Ch. 1111/2,
par. 1042
(b)(4), Respondent herein is subject to a civil
penalty ofFive Hundred Dollars ($500.00) for each
violation specified above
in Paragraph
5
for a total of$1000.00. Additionally, shouldRespondent
elect to petitionthe illinois Pollution Control Board under the review process described herein
below,
and ifthere is a finding ofthe 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 for each finding ofviolation.
7. Ifyou acknowledge the violations cited herein above, the civil penalty specified above
shall be due and payable no later that thirty-five (35) days from the date ofservice hereof.
Ifyou
do not petitionthe IllinoisPollution Control Board for review ofthis Administrative Citation
within thirty-five (35) days ofservice hereofor ifyou elect to contest this Administrative Citation,
anyjudgment rendered against you shall specif~y
the due date ofthe statutory civil penalty and any
costs assessed against you.
8. When payment is made, your check should be made payable to the LASALLE
COUNTY DEPARTMENT
OF SOLID WASTE
MANAGEMENT
and mailed to:
LaSalle County Department ofSolid Waste Management
119 West Madison Street
Room
400
Ottawa, illinois 61350
Also, please complete and return the enclosed Remittance Form, along with your payment, to
assure proper documentation ofpayment.
9. Ifany 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 dueuntil the date payment
is received.
Ifany civil penalty, by reason of
acknowledgment, default or finding after adjudicatory hearing is not paid when due, the LaSalie
County State’s Attorney may initiate proceedings in Circuit Courtto
collect said civil penalty.
In
addition to the previously assessed
civil penalty,
interest, and hearing costs ofthe illinois Pollution
Control Board, ifany, the State’s Attorney’s Office will seek to recover their costs oflitigation.
PROCEDURE
FOR
CONTESTING
TifiS
ADMINISTRATIVE
CITATION
10.
You have
the right to contest this Administrative Citation.
~
415
ILCS 5/3 1.1,
formerly Ill. Rev.
Stat.
1991,
Ch. 1111/2,
par.
1031.1.
Ifyou elect to contest this Administrative
Citation, you must file a Petition for Review with the Clerk ofthe Illinois Pollution Control
Board.
Copies ofthe Petition for review should also be filed with:
RobertM. Eschbach
LaS
alle County
Special State’s Attorney
728 Columbus Street
Ottawa,
Illinois 61350
LaSalle County Department of SolidWaste
Management
LaSalle County Courthouse
119 West Madison Street
Room 400
Ottawa, illinois 61350
Such Petition forReviewmust be filed
within
thirty-five
(35)
days ofthe
date
of
service
of
this Administrative Citation, or a default
judgment
shall be entered by the Pollution Control
Board.
Petition for Review may be filed with the:
Clerk ofthe illinois Pollution Control Board
State ofillinois Center
100West Randolph,
Suite 11-500
Chicago,
Illinois
60601
Dated:
7—/5- ?&
JosephNavarro
LaSalie
County State’s Attorney
By:________
Rob~ert
Eschbach
Assistant State’s Attorney
acleter.wpd
INFORMATIONAL NOTICE!
1!
IT
IS
IMPORTANT
THAT
YOU
READ THE ENCLOSED DOCUMENTS.
NOTE:
THIS ADMINISTRATIVE CITATION REFERS
TO
ONE STATE
OF
ILLINOIS AGENCY AND TWO
COUNTY
ENTITIES.
THE ONE
STATE AGENCY
IS THE
ILLINOIS POLLUTION CONTROL BOARD
LOCATED AT:
STATE OF
ILLINOIS CENTER,
100 WEST RANDOLPH
STREET, SUITE 11-500, CHICAGO, ILLINOIS
60601.
THE COUNTY
ENTITIES ARE THE LASALLE
COUNTY STATES ATroRJ~4EY
OFFICE,
AITENTION ROBERT M. ESCHBACH 728 COLUMBUS STREET,
OTTAWA, ILLINOIS
61350.
THE
OTHER
IS THE LASALLE COUNTY
DEPARTMENT
OF
SOLID WASTE MANAGEMENT
119 WEST MADISON,
ROOM 400, OTTAWA, ILLINOIS 61350.
IF YOU ELECT
TO
CONTEST THE ENCLOSED
ADMINISTRATIVE
CITATION, YOU
MUST FILE A PETITION FOR
REVIEW
WITHIN THIRTY-FIVE DAYS OF THE
DATE
THE
ADMINISTRATIVE
CITATION
WAS
SERVED
UPON YOU.
ANY SUCH PETITION
FOR
REVIEW
MUST BE FILED WITHTHE CLERK OF THE ILLINOIS POLLUTION
CONTROL BOARD BY EITHER HAND-DELIVERING OR
MAILING
THE PETITION FOR
REVIEW
TO
THE
CLERK
OF THE ILLINOIS POLLUTION CONTROL BOARD
AT THE
ADDRESS GWEN
ABOVE.
A COPY OF THE PETITION FOR
REVIEW
SHOULD BE
EITHER HAND-DELIVERED OR MAILED TO THE LASALLE COUNTY STATE
ATTORNEY’S OFFICE, ATTENTION ROBERT
M. ESCHBACH AT TUE
ADDRESS
GIVEN
ABOVE.
ALSO, A COPY OF THE PETITION FOR
REVIEW
SHOULD BE EITHER
HAND-DELIVERED OR MAILED TO THE LASALLE COUNTY
DEPARTMENT
OF
SOLID WASTE MANAGEMENT AT THE ADDRESS GIVEN
ABOVE.
acinfiiot.wpd
STATE
OF
ILLINOIS
COUNTY
OF
LASALLE
COUNTY
OF
LASALLE
)
)
Complainant,
)
)
v.
)
AC NO.
i~ci,~-
9~-~/
)
CSX
Transportation, Inc.
)
Respondent.
)
AFFIDAVIT
Alfiant,
Duane Swartzendruber, being first
duly sworn, voluntarily deposes
and states as follows:
1.
Afi~ant
is a field inspector employed by the County ofLaSalle
and has
been so
employed at all times pertinent hereto.
2.
On December 6,1996, between
2:55
p.m.
and
4:15 p.m.,
Afliant conducted an
inspection ofa open dump site operated without an Agency permit, located in
LaSalle County, illinois and known as
CSX
Transportation, Inc.
by
the illinois
Environmental Protection
Agency.
Said site hasbeen
assigned site code number
0990805032 by the Agency.
3.
Affiant inspected said
CSX
Transportation, Inc.
open dump site by an on-site
inspection which included walking and photographing the site.
4.
As a result ofthe material actions referred to in paragraph
3
above,
Affiant
completed the inspection report form attached hereto and made a part hereof,
which, to the best ofAfliant’s knowledge and belief, is an accurate representation
ofAffiant’s observations and factual conclusions with respect to said
CSX
Transportation, Inc.
open dump
site.
f)
/
/
~
11/.
~
//
Duane SwartzendruL~er,
LaSalle County
BEFORE
TIlE
ILLINOIS
POLLUTION CONTROL BOARD
County ofLaSalle
)
)
Complainant,
)
)
v.
)
AC NO.
Cc~r7-
~ô,s’
)
CSX
Transportation, Inc.
)
)
Respondent.
)
REMITTANCE FORM
FACILITY:
CSX
Transportation,
Inc.
Site Code:
0990805032
Boyce Memorial Drive
County:
LaSalle
Ottawa,
illinois 61350
Attn. Paul J. Kurzanski
500 Water Street
Jacksonville, Florida 32202
CIVIL PENALTY:
$500.00 for each violation
Number ofViolation(s):
two (2)
Total Remittance:
$1000.00
Date ofInspection:
December 6,
1995
DATE REMITTED:
SS
f
FEIN NUMBER
SIGNATURE
NOTE
Please enter the date ofyour remittance your Social Security number (SS) if an individual or
Federal Employer Identification Number (FEIN) ifa corporation and signthis Remittance Form.
Be sure your check is enclosed, and mail, along with Remittance Form, to:
LaSalle County Department of Solid Waste Management
119 West Madison Street
Room 400
Ottawa, illinois 61350
remtfonn.wpd