ILLINOIS POLLUTION CONTROL BOARD
May 4,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 95—22
)
(IEPA No.
169-95-AC)
(Administrative Citation)
CLAYTON G. POPE and
)
KAREN N. POPE,
)
)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon the March 23,
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 Clayton G. Pope and Karen
N. Pope on March 22,
1995.
The Agency alleges that on January 24
1995,
Clayton
G. Pope and Karen N. Pope,
present owners and/or
operators of a facility located in Champaign County and commonly
known to the Agency as Rantoul/Page, 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.
Clayton G. Pope and Karen N. Pope 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
Clayton
G. Pope and Karen N. Pope, have violated the provision
alleged in the Administrative Citation.
Since there is
(1)
such
violations, 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 Clayton G. Pope
and Karen N. Pope 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. Respondents shall include the remittance form and write the
2
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 M. Gunn,
Clerk of the Illinois Pollution Control
Boarç~herebycertify that the above order was adopted on the
~
day of
,
1995, by a vote of
7—c
.
/y~
7K/
~L~I~Z7
,~k.
~
Dorothy M.4unn, Clerk
Illinois ~5~1lutionControl Board
F(~LiV~L)
MAR
2 ~1~5
STATE OF
ILLINOIS
POLLUTION CONTROL BOARD
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
AC
9~
~
)
(IEPA No.
169-95-AC)
V.
)
CLAYTON
G.
POPE and KAREN
N.
POPE,
)
Respondents.
)
JURISDICTION
This Administrative Citation
is
issued pursuant
to authority vested
in
the Illinois Environmental
Protection Agency by 415
ILCS 5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1031.1.
FACTS
1.
That Respondents Clayton G.
Pope and Karen
N. Pope are the present
owners and/or operators of a facility located
in the County of Champaign,
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.
0198110004.
Said facility
is
corrinonly known
to the Agency as
Rantoul/Page.
3.
That Respondents have owned and/or operated said facility
at
all
times
pertinent hereto.
4.
That
on January 24,
1995,
Paul Mason, 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 Paul
Mason, 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 January 24,
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;
Ill.
Rev.
Stat.
ch.
111½,
para.
1021(p)(1).
CIVIL
PENALTY
Pursuant to 415
ILCS 5/42(b)(4),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1042(b)(4), 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
April 29, 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..,
1992;
Ill. Rev.
Stat.
ch.
111½,
para.
1031.1.
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.
-3-
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 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
GOAQ~
ary
A.
G&dè,
Director
4
~$E.c-~
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:
fl~ScV~
BO :c~
w\Open
-4-
MAR
231995
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
V
Complainant,
CLAYTON
G.
POPE and KAREN
N.
POPE,
Respondents.
)
)
)
)
)
)
)
)
)
.~
~
EPA 169-95-AC
FACILITY:
Rantoul/Pope
0198110004
Champaign
CIVIL
PENALTY:
DATE OF INSPECTION:
January
24, 1994
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.
STATE
OR ILINO~s
N
CONTROL BOARD!
COUNTY:
SITE CODE NO.:
$500.00
—5-