ILLINOIS POLLUTION CONTROL BOARD
August 24,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 96—1
)
(IEPA No.
402—95—AC)
(Administrative Citation)
KEN
LOMAX
and
KEN
LOMAX
)
ENTERPRISES,
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon the July 3,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Illinois
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 Ken Lomax and Ken Lomax
Enterprises on July 7,
1995.
The Agency alleges that on May 11,
1995, Ken Lomax and Ken Lomax Enterprises, present owners and/or
operators of a facility located in Jefferson County and commonly
known to the Agency as Mt. Vernon/Lomax, 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.
Ken Lomax and Ken Lomax Enterprises have 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
Ken Lomax and Ken Lomax Enterprises, have 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 of this order Ken Lomax and
Ken Lomax Enterprises 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.
0. Box 19276
Springfield, Illinois 62794—9276
2
2. Respondents shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Number 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. 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
(1992)), 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
Boarj, hereby cert
y that the above order was adopted on the
~
day of
,
1995, by a vote of
7- ~
.
~iiJ
Oorothy ~3Gunn,
Clerk
Illinois Pollution Control Board
JUL
-31995
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,)
Complainant,
)
AC
______________
)
(IEPA Mo. 402-95-AC)
v.
KEN
LOMAX
and KEN
LOMAX
ENTERPRISES,
)
)
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 Ken Lomax and Ken Lomax Enterprises
are the present owner and/or operator of a facility located in
the County of Jefferson,
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.
0818030005.
Said facility is
commonly known to the Agency as Mt. Vernon/Lomax.
3.
That Respondents have owned and/or operated said
facility at all times pertinent hereto.
4.
That on May 11,
1995, Sheila Williams,
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 Sheila Williams, 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 May
11,
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 August 9,
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
-2—
against you shall
specify the due date of the statutory civil penalty and any
costs assessed against you.
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
—3—
filed
within
thirty-five
(35)
days
of
the
date
of
service
of this
Administrative Citation,
or a default judgment shall
be entered by the
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.
~
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:
______________________
-4-
J
RECEIVED
REMITTANCE
FORM
J~J~
-
31995
I
STATE OF ILLINOIS
~QLLUTI0N
CONTROL
BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
)
Complainant,
)
v.
)
tPA
402-95-AC
)
KEN
LOMAX
and
KEN
LOMAX
ENTERPRISES,
)
)
Respondents.
)
FACILITY:
Mt. Vernon/Lomax
SITE CODE NO.: 0818030005
COUNTY:
Jefferson
CIVIL PENALTY:
$500.00
DATE OF INSPECTION: May
11,
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-