ILLINOIS POLLUTION CONTROL BOARD
March 16,
1995
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
AC 95—12
(IEPA No.
46-95—AC)
(Administrative Citation)
JOE PERRY,
)
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 Joe Perry on January 31,
1995.
The Agency alleges that on December 28,
1994, Joe Perry,
present owner and/or operator of a facility located in Cook
County and commonly known to the Agency as Harvey/Joe Perry
Property 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.
Joe Perry 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 Joe Perry, 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 Joe Perry
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. Adm. Code 101.246,
Motions for Reconsideration.)
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
BoarjL~herebycertify that the above order was adopted on the
/(c’~ day of
,
1995, by a vote of
~
~7.
Dorothy M. G,4~n, Clerk
Illinois Po~utionControl Board
r-R-ECEIVED-1
FEB
-31995
STATE OF
ILLINOIS
POLLUTION CONTROL
BOARD
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
AC
_____________
)
(IEPA
No.
46-95-AC)
V.
)
)
JOE
PERRY,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant
to authority vested in
the Illinois Environmental
Protection Agency by 415
ILCS 5/31.1,
1992;
111.
Rev.
Stat.
ch.
111½,
para.
1031.1.
FACTS
1.
That Respondent Joe Perry
is the present owner and/or operator of
a facility located in the County of Cook, 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. 0311140005.
Said facility
is conronly known to the Agency as
Harvey/Joe Perry Property.
3.
That Respondent has owned and/or operated said facility at
all
times
pertinent hereto.
4.
That on December 28,
1994,
Aaron Taylor, of the Illinois
Environmental
Protection Agency,
inspected the above—described facility.
A
copy of the inspection report setting
f.orth the results of such
inspection is
attached
hereto and made a part
hereof,
—1.—
VIOLATIONS
On
the
basis
of
direct
observation
of
Aaron
Taylor,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondent
has
caused
or
allowed
open
dumping
at
the
above-described
facility
in
a
manner
which
resulted
in
the
following
occurrences:
A.
That
on
December
28,
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)(1).
CIVIL
PENALTY
Pursuant
to
415
ILCS
5/42(b)(4),
1992;
111.
Rev.
Stat.
ch.
111½,
para.
1042(b)(4),
Respondent
herein
is
subject
to
a
civil
penalty
of
Five
Hundred
Dollars
($500.00)
for the violation specified above
in Paragraph A.
Additionally,
should
Respondent
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,
Respondent 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 15,
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
against you shall
specify the due date of the statutory civil
penalty and any
-2-
costs
assessed against you.
When payment
is made, your ch’Eck 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 sucI~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
Review should be filed with the Illinois Environmental
Protection Agency.
Such Petition for Review must be filed within thirty-five
(35) days of the
-3-
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.
,4.
G-~J..~-
ary
~
Director
A-,1~
~
Illinois Environmental Protecfion Agency
Prepared
by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217)782-5544
Date:
__________________
BD:cbAOpen
-4-
~JVE~
FEB -31995
STATE
OF
ILLINOIS
~LQ~NJRp~RDj
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
Joe Perry
)
d~
~
IEPA Docket 45-95-AC
Respondent.
Affiant,
Aaron
Taylor,
being
first
duly
sworn,
voluntarily
deposes and states as follows:
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
28,
1994,
between 11:lSam.m and 11:45a.m.,
Affiant conducted an inspection of a disposal site operated without
an Agency permit, located in Cook County,
Illinois and known as The
Joe Perry Property by the Illinois Environmental Protection Agency.
Said
site has been assigned site
code number
0311140005
by
the
Agency.
3.
Affiant inspected said Joe Perry Property 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 Ihspection 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 Joe Perry Property
open dump.
Subscribed and Sworn to Before Me
this
_____
day ~
,
1995
Notary Public
.
OFF~CtAL
SEAL
FLORENCE
SMITH
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
~
MY
COMMISSION
EXPI1~ES12-30-Q
AT: dfa: Perry
~
IvED
REMITTANCE
FORM
(
FEB
—
3
‘1995
)
STATE OF ILLINOIS
POLLUTION
CONTROL
BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
)
Complainant,
)
v.
)
EPA
46-95-AC
)
JOE
PERRY,
Respondent.
)
FACILITY:
Harvey/Joe Perry Property
SITE CODE NO.:
0311140005
COUNTY:
Cook
CIVIL PENALTY:
$500.00
DATE OF INSPECTION: December
28,
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—