VIOLATIONS

ILLINOIS POLLUTION CONTROL BOARD

May 18,

1995

JACKSON

COUNTY,

)

Complainant,

)

 AC 95—20

)

 (Administrative Citation)

GREG BURRIS, individually,

)

also d/b/a BURRIS DISPOSAL

)

SERVICE,

)

Respondent.

ORDER

OF THE BOARD:

This matter comes before the Board upon the March 15,

1995

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

 (Act)

 by Jackson

County.

 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 Greg Burns,

individually, and d/b/a Burns Disposal Service on April

5,

 1995.

Jackson County alleges that on February 22,1995, Greg Burns,

individually, and d/b/a Burns Disposal Service, present owners

and/or operators of a facility located in Jackson County and

commonly known to the County as Carbondale/Burnis Disposal

Service site, violated Sections 2l(p)(l),

 21(p)(2),

 21(p)(3),

21(p) (4) and 21(p) (5)of the Act.

 The statutory penalty

established for each violation is $500.00 pursuant to Section

42(b)(4) of the Act.

Greg Burns,

 individually, and d/b/a Burns Disposal Service

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 Greg Burns,

 individually, and

d/b/a Burns Disposal Service have violated the provision alleged

in the Administrative Citation.

 Since there are five

 (5) such

violations, the total penalty to be imposed is set at $2,500.00.

1. It is hereby ordered that, unless the ~enaltv has already been

paid, within 30 days of the date of this order Greg Burns,

individually, and d/b/a Burns Disposal Service shall, by

certified check or money Order payable to the Jackson County

Treasurer, pay a penalty in the amount of $2,500.00, which is

to be sent to:

2

Shirley Booker

Jackson County Treasurer’s Office

P.

 0. Box 430

Jackson County Courthouse

Murphysboro, Illinois 62966

2. Respondent shall include the remittance form and write the

case name and number and his 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.

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.

 Adin.

 Code 101.246,

Motions for Reconsideration.)

IT IS SO

ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,~j~erebycertify that the above order was adopted on the

~1”

 day of

 1995, by a vote of

h-p.

Dorothy N. ,~unn,Clerk

Illinois P~1lutionControl Board

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BO~

ADMINISTRATIVE

CITATION

COUNTY

JACKSON,

)

Complainant,

v.

)

 AC 95-~~

GREG

BURRIS,

 individually,

also d/b/a BURRIS DISPOSAL

SERVICE,

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to authority

vested in the Illinois Environmental Protection Agency by 415 ILCS

5/1 et.

 seq.

 (1992),

 specifically 415 ILCS 5/31.1;

 and through

a

Delegation Agreement from the Agency, pursuant to 415 ILCS 5/4(r),

to the Jackson County Health Department.

FACTS

1.

 The Respondent,

 Greg Burns,

 is the present owner and/or

operator of a facility located in the County of Jackson,

 State of

Illinois.

2. The facility is an open dump, operating without an Illinois

Environmental Protection Agency Operating Permit,

 and designated

with the Site Code

#

 0778030002.

The

 facility

 is known

 to the

Agency as the Carboridale/Burnis Disposal Service site.

3.

 The Respondent has owned and/or operated the facility at

all relevant times hereto.

4.

 Burns

 Disposal

 Service

was

 once

 before

 issued

an

Administrative Citation by the County of Jackson for the Illinois

Environmental Protection Agency.

 At that time,

 however, Ed Burns

was the named operator of the facility.

 That Citation was docketed

by the Board as AC 89-259.

 It resulted

in

a

 $1,000.00 fine

(1.

causing or allowing litter;

 2. causing or allowing open burning).

The Respondent paid the fine before the Board entered an Order

in

the matter.

 The Citation was also issued under the same previously

mentioned Site Code.

5.

 On February 22,

 1995,

 George Browning,

 Field

 Inspector,

Jackson County Health Department, inspected the facility.

A

 true

and

 correct

 copy

of

the

 inspection

 report,

 along

 with

Mr.

Browning’s

 affidavit,

are

 attached

and

 incorporated

 herein

by

reference

as Exhibit A.

VIOLATIONS

On

the

 basis

of

 Field

 Inspector,

 George

 Browning’s

 direct

observation,

 he has determined that the Respondent has caused or

allowed open dumping at the above described facility in

 a manner

that resulted in the following violations:

That

on

 February

22,

1995

an

 on—site

 inspection

of

the

facility disclosed the following:

1. The Respondent has caused or allowed litter to be collected

or dumped at the facility in violation of 415

 ILCS 5/21

 (p) (1) ~

2. The Respondent has caused or allowed a scavenging operation

in violation of 415 ILCS 5/21

 (p) (2);

2

3. The Respondent has caused or allowed open burning on the

facility in violation of 415

 ILCS 5/21

 (p) (3);

4. The Respondent has caused or allowed the deposit of waste

in standing or flowing waters in violation of 415 ILCS 5/21 (p)4);

5.

The

 Respondent

has

 allowed

or

 caused

 proliferation

of

disease vectors in violation of 415 ILCS 5/21

 (p) (5).

CIVIL PENALTY

In accordance with 415 ILCS 5/42

 (b) (4),

 the Respondent

is

subject to a civil penalty of $500.00 for each violation specified

above

 in paragraphs

1

—

5.

 This

 is total of $2,500.00 for this

Citation.

 Additionally,

 should the Respondent elect to petition

the

 Illinois

 Pollution

 Control

 Board

 under

the

 review process

described

 below,

 after

an

 adjudicatory

 hearing,

the

 Respondent

shall

 be assessed

 the hearing

 costs

 incurred by the

 Pollution

Control

 Board.

 The hearing

 cost

 would

be

in

 addition to

the

$2,500.00 fine.

If you acknowledge the violations cited hereinabove, the civil

penalty shall be due and payable no later than April

28,

 1995.

If

you do not petition the Pollution Control Board for review of the

Administrative

 Citation

 within

35

 days

of

 service

of

the

Administrative Citation, or contest the Citation, any judgment that

may be rendered against you shall specify the due date of the civil

fine and the additional costs assessed against you.

3

When payment is made, your check should be made payable to the

Jackson County’s Treasurer Office and mailed to the attention of

Shirley Booker,

 Jackson County Treasurer,

 Murphysboro,

 Illinois.

Also,

 please

 complete

 and return

the

 enclosed

 remittance

 form,

along with your payment,

 to assure proper credit.

If any civil penalty is not paid within the prescribed time,

the law allows for the accumulation and payment of interest on the

remaining unpaid balance.

 If any civil penalty is not paid when

due,

 the Office

of

the

 State’s Attorney

 shall

 be requested to

initiate proceedings in Circuit Court to collect the penalty.

In

addition to the civil penalty, hearing costs, and interest,

 if any,

the Jackson County State’s Attorney may seek to recover their costs

of litigation.

PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION

You have the right to contest this Citation, pursuant to 415

ILCS 5/31.1.

 If you elect to contest this Citation, you must file

a Petition For Review with the Clerk

 of the Illinois Pollution

Control Board.

 A copy of the Petition For Review shall be filed

with Daniel

 Brenner,

 Assistant

 State’s

 Attorney,

 Jackson County

Courthouse,

 Murphysboro,

 Ii 62966.

 Your Petition For Review must

be

 filed within

35

 days

of

the

 date

of

 service

 of the present

citation on you.

 If you

 fail

 to file your Petition,

a

 Default

Order against you will entered by the Pollution

 Control Board.

4

The Petition may be filed with the Clerk of the Board at:

Clerk

Pollution Control Board

100 West Randolph, Suite 11-500

Chicago,

 Illinois 60601

A copy must also be sent to:

Office of the State’s Attorney

Daniel Brenner

Assistant State’s Attorney

Jackson County Courthouse

Murphysboro,

 Ii 62966

DATED:

1995

 ______________________

Daniel Brenner

Assistant State’s Attorney

5

REMITTANCE

 FORM

COUNTY OF JACKSON,

)

Complainant,

)

 NO. AC

95c~~

GREG

BURRIS,

 individually,

)

also d/b/a BURRIS DISPOSAL

SERVICE,

Respondent.

FACILITY:

 CARBONDALE/BURRIS DISPOSAL SERVICE SITE

COUNTY:

 JACKSON

DATE OF INSPECTION:

 FEBRUARY 22,

 1995.

SITE CODE:

0778030002

CIVIL PENALTY:

 $2,500.00

Date Remitted _________________________

SS/FEIN #

 _________________________

Signature

NOTE

Please include the information on the blank lines.

 Mail this

form with your check to:

Illinois Environmental Protection Agency

Attn.

 Fiscal Services

2200 Churchill Road

P.O. Box 19276

Springfield,

 Ii 62794—9276

6