ILLINOIS POLLUTION CONTROL BOARD
November
3,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
v.
)
AC 94—78
(IEPA No.
474—94-AC)
(Administrative Citation)
BILL ISAACS,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an September 15,
1994 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 Bill Isaacs on September
13,
1994.
The Agency alleges that on August
16,
1994, Bill
Isaacs, present owner and/or operator of a facility located in
DeWitt County and commonly known to the Agency as Farmer
City/Isaacs, violated Sections 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.
Bill Isaacs 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 Bill Isaacs, 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 Denalty has already been
paid,
within 30 days of the date of this order Bill Isaacs
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
Boa~,flherebycertify
at the above, order was adopted on the
)‘~—
day of
,
1994,
by a vote of
Dorothy M. ,,Gi~&nn, Clerk
Illinois PQyLution Control Board
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
11.
~
1994
ADMINISTRATIVE CITATION
STATLO~LL~(’~3~S
LP9~LYT~!S~
CONTROISOAPC;
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
AC
~V
)
(IEPA No. 474-94-AC)
V.
BILL ISAACS,
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.
111~,para.
1031.1.
FACTS
1.
That Respondent Bill
Isaacs is the present owner and/or operator
of
a facility located in the County of DeWitt, 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, 0390150005.
Said facility
is commonly known to the Agency as Farmer
City/Isaacs.
3.
That Respondent
has owned
and/or operated
said facility at
all
times pertinent hereto.
4.
That on August 16,
1994,
Kent Johnson,
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 Kent Johnson,
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 August
16,
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;
Ill.
Rev,
Stat.
ch.
111½,
para.
1O21(p)(1).
CIVIL
PENALTY
Pursuant
to 415
ILCS 5/42(b)(4),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1042(b) (4),
Respondent herein
is subject to a civil
penalty of Five Hundred
Dollars
($500.00)
for each violation specified above
in Paragraph A
(1),
for a total
of Five Hundred Dollars ($500.00),
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
October 21,
1994
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.
See 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.
—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.
74
Mary A~’~e,
Director
Illinois
Environmental
Protection Agency
Prepared by:
Todd Rettig
Illinois Envi ronmental
Protection Agency
2200 Churchill
Road
P.O.
Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
Date:
September 9,
1994
BC: clw\Open
-4-
REMITTANCE
FORM
RECEIVED1
SEP
1
5
l~q
j
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
STATEC’F!W~QiS
)
IPOLLUTION
CQv~i::~
Complainant,
)
v.
)
EPA 474-94-AC
BILL ISAACS,
)
)
Respondent.
)
FACILITY:
Farmer City/Isaacs
SITE CODE NO.:
0390150005
COUNTY:
DeWitt
CIVIL
PENALTY:
$
500.00
DATE OF INSPECTION:
August
16,
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-