ILLINOIS POLLUTION CONTROL BOARD
    March
    16,
    1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 95—9
    )
    (IEPA No. 47-95-AC)
    )
    (Administrative Citation)
    ROBERT L.
    BUCK, MARIE
    )
    M.
    BUCK,
    and DARRELL BUCK,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a February
    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 Robert
    L. Buck and Marie H.
    Buck on January 30,
    1995 and upon Darrell Buck on January
    31,
    1995.
    The Agency alleges that on December 7,
    1994, Robert L.
    Buck, Marie M. Buck and Darrell Buck, present owners and/or
    operators of a facility located in Greene County and commonly
    known to the Agency as Hiliview/Buck, 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.
    Robert
    L.
    Buck, Marie N. Buck and Darrell Buck 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 Robert L.
    Buck, Marie
    M. Buck and Darrell Buck, 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 Robert L.
    Buck,
    Marie M. Buck and Darrell Buck 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 H.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boa d
    hereby certify that the above order was adopted on the
    _______
    day of
    ,
    1995,
    by a vote of
    ‘7—c.
    ~
    Dorothy M.~4~ünn,Clerk
    Illinois ~(1lution Control Board
    i~CE1VEWI
    FEB
    -31995
    BEFORE THE ILLrNOI~POLLUTION CONTROL BOARD
    STAlE 3F~LL~NO~S
    POLLURON
    CONTROL SOARD~
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    )
    AC
    /
    ~
    )
    (IEPA No. 47—95-AC)
    v.
    )
    )
    ROBERT
    L.
    BUCK, MARIE M.
    BUCK,
    and
    )
    DARRELL
    BUCK,
    )
    )
    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 Robert
    L.
    Buck,
    Marie
    M. Buck and Darrell Buck
    are the present owners and/or operators of a facility located in the County of
    Greene, 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. 0618090002.
    Said facility
    is coninonly known to the Agency as
    Hiliview/Buck.
    3.
    That Respondents have owned and/or operated said facility
    at
    all
    times pertinent hereto.
    4.
    That
    on December 7,
    1994,
    Allyn Colantino, 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
    —1—
    attached hereto and made
    a par~thereof.
    VIOLATIONS
    On the
    basis of direct observation of Allyn
    J.
    Colantino,
    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
    December
    7;
    1994,
    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;
    111.
    Rev.
    Stat.
    ch.
    111½, para.
    1021(p)(l).
    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 March
    7,
    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
    -2-
    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.
    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;
    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
    -3-
    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 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.6~L~
    Mary ~
    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:
    __________________
    8D:c1w~Open
    -4-
    R ECE ~VED1
    FEB
    -31995
    ILLINOIS ENVIRONMENTAL PROTECTION AGENC~
    STATE
    OF
    WNO~S
    POLLUTtON CONTROL BOARD~
    AFFIDAVIT
    IN THE MATTER OF:
    Robert
    L
    Buck, Marie
    M.
    Buck,
    and
    )
    ///~~~
    ~
    -
    Darrell Buck
    ~—
    ~
    IEPA DOCKET NO.
    47-95-AC
    Respondent.
    Affiant, Allyn J. Colantino, being first duly sworn,
    voluntarily deposes and states as follow:
    1.
    Affiant is
    a field inspector employed by the Land
    Pollution Control Division of the Environmental
    Protection Agency and has been so employed at all times
    pertinent hereto.
    2.
    On December 7,
    1994 between 12:27 PM and 12:36
    PM,
    Affiant conducted an inspection of a disposal site
    operated without an Agency permit,
    located in Greene
    County,
    Illinois and known as Hiliview/Buck by the
    Illinois Environmental Protection Agency.
    Said site
    has been assigned site code number LPC~0618090002 by
    the Agency.
    3.
    Affiant inspected said Hillview/Buck open dump site
    by an on-site inspection which included walking and
    photographing the site.
    4.
    As a result of
    the activities referred to in
    paragraph
    3 above,
    Affiant completed the Inspection
    Report form attached hereto and made a part hereof,
    which,
    to the best of Affiant’s knowledge and belief,
    is an accurate representation of Affiant’s observations
    and factual conclusions with respect to said
    Hiliview/Buck open dump.
    ~
    ~
    Subscribed and Sworn To before me
    This
    /3T~
    day ~
    /y~9~-
    ______________
    /
    ocp,cIAL SEAL.
    BARMRA
    I
    ~RUND4GE
    NOTARY PUBLIC
    STATE
    Of’
    ILUNO~s
    MY COM?~.4IS6KDN
    EX?.
    AUC.
    21,1
    995J
    REMITTANCE FORM
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    c-..
    ~
    v.
    )
    EPA
    47-95-At
    )
    ROBERT
    L.
    BUCK,
    MARIE
    P4. BUCK and,
    )
    DARRELL
    BUCK,
    )
    )
    Respondents
    )
    FACILITY:
    Hiliview/Buck
    SITE CODE NO.:
    0618090002
    COUNTY:
    Greene
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    December 7, 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 (VEIN)
    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-

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