ILLINOIS POLLUTION CONTROL BOARD
November 3,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V.
)
AC 94—79
)
(IEPA No.
488-94-AC)
(Administrative Citation)
4B REALTY DEVELOPERS,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the September 19,
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 4B Realty Developers on
September 20,
1994.
The Agency alleges that on August 16,
1994,
4B Realty Developers, present owner and/or operator of a facility
located in Cook County and commonly known to the Agency as 4B
Realty Developers, 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.
4B Realty Developers 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 4B Realty Developers
has 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 ~enaltv has already been
paid, within 30 days of the date of this Order 4B Realty
Developers 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:
Illinois Environmental Protection Agency
Fiscal Services Division
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 its 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~d,,herebycertify tij~tthe above order was adopted on the
~
day of
,
1994,
by a vote of
//
~~~__//
~
,~
-:
Dorothy M./9~unn,Clerk
Illinois P~9’llutionControl Board
SEP
19
1994
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
)
AC
77’
)
(IEPA No. 488-94-AC)
v.
)
)
4B REALTY DEVELOPERS,
)
)
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.
111½,
para.
1031.1.
FACTS
1.
That Respondent 4B Realty Developers
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. 0313060009.
Said facility is comonly known
to the Agency as 4B
Realty Developers.
3.
That Respondent has owned and/or operated said facility at
all
times
pertinent hereto.
4.
That on August 16,
1994,
Richard Reich, 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 Richard Reich, 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 5/2l(p) (1),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1021(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 26,
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.
~
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.
4.
?~L
Mary ~
Director
-4
‘a.’c-c....
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:
___________________
8~i:c1w\Open
-4-.
‘.~
~VED
REMITTANCE FORM
SEP
191994
SlATE OF
LU~C~S
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
POLLUTION
CONTROL
BOARD
Complainant,
~.i
V.
)
EPA
488-94-AC
)
4B
REALTY
DEVELOPERS,
)
)
Respondent.
)
FACILITY:
4B Realty Developers
SITE CODE NO.:
0313060009
COUNTY:
Cook
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-