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-

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