ILLINOIS POLLUTION CONTROL
BOARD
December 20,
1995
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
)
Complainant,
v.
)
AC 96—20
(IEPA No.
657-95-AC)
)
(Administrative Citation)
JAMES WEIR,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the November 6,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by~theIllinois
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 James Weir on October
31,
1995.
The Agency alleges that on September 6,
1995,
James Weir,
present owner and/or operator of a facility located in Rock
Island and commonly known to the Agency as East Moline/Greenspace
Recycling,
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.
James Weir 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 James Weir 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 Denalty has already been
paid, within 30 days of the date of this order, James Weir
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~thatthe above order was adopted on the
4O~- day of
,
1995,
by a vote of
7_c’
/~
~
~
~
Dorothy Mv/Gunn, Clerk
Il1inois(~ollutionControl Board
RECEIVED
CLERKS
OFFICE
NOV
-
0
i~95
STATE
(~~~OlS
BEFORE TUE ILLINOIS POLLUTION CONTROL BOAR
POLLIJTIONCO~~~BO~RC
ADMINISTRATIVE
CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
AC___________
)
(IEPA No.657-95-AC)
v.
)
JAMES 0. WEIR,
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 James
0. Weir
is the present owner and/or operator
of a facility located in the County of Rock
Island, 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. 1610650060.
Said facility is cotmionly known to the Agency as
East
Mol ine/Greenspace Recycling.
3.
That Respondent has owned and/or operated said facility at all
times pertinent hereto.
4.
That
on September 6,
1995,
Robert Wagner 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 Robert Wagner, 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 September 6,
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 IICS 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
December 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.
A.
G~o-r,L
Mary ~
Director
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:
/V—~~LS
BO~t1m\Open
-4-
RECEIVED
CLERKS OF~CE
REMITTANCE
FORM
NOV
-
0
1~I95
STATE
c~
;UJNc’~
PC’LLIJTKI)N CON~ciCL.p(,~RrJ~,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
)~)~
?~~
v.
)
EPA 657-95-AC
)
JAMES 0. WEIR,
)
)
Respondent.
)
FACILITY: East Moline/
SITE CODE NO. :1610650060
Greenspace Recycling
COUNTY:
Rock
Island
CIVIL
PENALTY:
$
500.00
DATE
OF
INSPECTION:
September
6,
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.
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