ILLINOIS POLLUTION CONTROL BOARD

March 16,

1995

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

)

v.

)

 AC 95—10

)

 (IEPA No.

 41-95-AC)

(Administrative Citation)

WILLIAM KINNEY,

)

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 William Kinney on February

1,

 1995.

 The Agency alleges that on December 12,

 1994, William

Kinney, present owner and/or operator of

 a facility located in

Cook County and commonly known to the Agency as Nilwood/William

Kinney Property violated Section 21(p)(l)

 of the Act.

The

statutory penalty established for this violation is $500.00

pursuant to Section 42(b)(4)

 of the Act.

William Kinney 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 William Kinney, has

violated the provisions 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 William Kinney

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. 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

2

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. Mm.

 Code 101.246,

Motions for Reconsideration.)

I, Dorothy

M.

 Gunn,

 Clerk of the Illinois Pollution Control

Boa~,hereby certify t at the above order was adopted on the

/(~2~day of

 1995,

 by a vote of

~

Dorothy M.

 9.i~in, Clerk

Illinois Pq~A.utionControl Board

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

~gg~

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

AC

7..~

/~“

)

 CIEPA No. 41—95-AC)

v.

)

WILLIAM KINNEY,

)

Respondent.

)

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.

 111k,

 para.

 1031.1.

FACTS

1.

 That Respondent William Kinney is the present owner and/or

operator of a facility located in the County of Macoupin, 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. 1170750003.

 Said facility is conTnonly known to the Agency as

Nilwood/Kinney.

3.

 That Respondent has owned and/or operated said facility at

all

times pertinent hereto.

4.

 That on December

12,

 1994, 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.

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~~de,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:

 January 27, 1995

SD:c~w\Open

-4-

~UE~VED

FE~-31995

ILLINOIS

ENVIRONMENTAL

 PROTECTION AGENCY

S1/~iE

QLINOJS

AFFIDAVIT

:OLLJ;ONCON1~OLBOA~Dl

IN

THE

 MATTER OF:

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant.

V.

William Kenney

Respondent.

 I.E.P.A. DOCKET

#

41-95-AC

Affiant, Robert L. Mathis, Jr.

 being first duly sworn,

voluntarily deposes and states

 as follows:

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

12,

 1994 between

 11:10 a.m.

 and 11:30

a.m., Affiant conducted an inspection of a disposal

site operated without an Agency permit,

 located in

 Macoupin County, Illinois and known as Nilwood/Kinney

by

the

 Illinois

 Environmental

 Protection

 Agency.

Said site has been assigned site code

number

1170750003 by the Agency.

3.

 Affiant inspected said Nilwood\Kinney 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,

is

 to the best of Affiant’s knowledge and

belief,

 is an accurate representation of Affiant’s

observations and factual conclusions with respect to

said Nilwood\Kinney open dump.

Li~t~i~

Subscribed and Sworn To before m~

this

day

97~.

OcPIQAL

 SEAL

IARØARA

J

~RUND4G$

~N~YTARY

PtThLIC STATE OP

ILL

LMY COMMISSION EXP.

AUG. 21,1995

~l~ECEJVED

1

REMITTANCE FORM

FEB -31995

ILLINOIS

ENVIRONMENTAL

PRff~~CTIO~

AGENCY

POLLUT~ONCON!ROL8OA~D

~

v.

 EPA No. 41—95—AC

WILLIAM KINNEY,

)

Respondent.

)

FACILITY:

 Nilwood/Kinney

 SITE CODE NO.:

1170750003

COUNTY:

 Macoupin

 CIVIL PENALTY:

 $500.00

DATE OF INSPECTION:

 December

12,

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.

—5—