ILLINOIS POLLUTION CONTROL BOARD
June
1,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 95—26
(IEPA No.
181—95—AC)
ORVILLE BARTELS and FRANK BLAIR,
)
(Administrative Citation)
)
Respondents.
ORDER OF THE BOARD
(by
3.
Theodore Meyer):
This matter comes before the Board upon the May 8,
1995
Motion to Dismiss,
filed by the Illinois Environmental Protection
Agency (Agency)
concerning Respondent’s May
1,
1995 appeal of the
Administrative Citation filed on Narch 29,
1995.
The
Administrative citation
is pursuant to Section 31.1 of the
Illinois Environmental Protection Act
(Act),
a copy of which is
attached hereto, but will not be printed
in
the Board’s
opinion
volumes.
Service of the Administratrive Citation was made upon
Orville Bartels on March 23,
1995.
The Agency alleges that on
February 6,
1995,
Orville Bartels and Frank Blair, present owners
and/or operators of a facility located in
Cass
County and
commonly )~nownto the Agency as Chandlerville/Bartels, violated
Section 21(p)(1) of the Act.
The statutory penalty
established
for this violation is $500.00 pursuant to 42(b)(4)
of the Act
On May 1,
1995, Orville Bartels timely filed a hand-written
appeal to the Administrative Citation.
Respondents’ appeal
is
neither captioned nor typewritten as required by Sections
101.103(a)
and 101.103(d)
of the Act, and no request for a waiver
of these requirements has been filed.
Pursuant to the Act’s general grant of authority
for
the
Board to adopt regulations in Section
5 and the specific
authority to adopt procedural rules set forth i~Sectton 26 of
the Act, the Board has adopted procedural regulations which are
to be followed by all persons practicing before the Board.
The
Board,
if It chooses, can waive a procedural requirement on its
own motion or a motion of a party practicing before the Board.
These are the only situations
in which a Board procedural rule
would not apply.
Although Respondents’ appeal does not comply with the Form
of ~Documentrules found
in Section 101.103, the Board notes that
the appeal was filed within the 35-day time period as set forth
in Section 201.246.
In addition, the Board has waived type—
2
written requirements in past appeals of Administrative Citation
cases.
Finally, the Board believes that neither party in this
case will be unduly prejudiced by accepting the appeal.
Therefore the Agency’s Motion to Dismiss is denied.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi
that the above order was adopted on the
~
day of
____________________,
1995,
by a vote of
70
Ill
Pa.
Control Board
-
R~CEM~D
MAR
2 91995
dATE
O~
ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL
B~LB~QNCONTRCLBOAI~D
ADMINISTRATIVE CITATiON
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
)
AC
~
)
(IEPA No. 181-95-AC~
V.
)
ORViLLE BARTELS and
FRANK
BLAIR,
Respondents.
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 Respondents Orville/Bartels and Frank Blair are the preser~t
owners and/or operators of a facility located
in the County
of
Cass,
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. 0178090001.
Said facility is comonly known to the Agency as
Chandlerville/Bartels.
3.
That Respondents have owned and/or operated said facility at all
times pertinent hereto.
4.
That on February 5,
1995,
Robert Mathis Jr.,
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 Mathis Jr.,
the Illinois
Environmental
Protection Agency has determined that Respondents have caused or
allowed open dumping at
the above-described facility in a manner which
resulted in the following occurrences:
A.
That
on February 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 ILCS 5/42(b)(4),
1992,
Respondents herein are 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 Respondents 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,
Respondents 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
May 6,
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.
?‘1c~
4
Mary A. G~de,Director
.~4
~
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:
-4-