ILLINOIS POLLUTION CONTROL BOARD
March 23,
1995
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 95—14
)
(IEPA No. 95-95-AC)
)
(Administrative Citation)
KEN
LOMAX
and
KEN
LOMAX
)
ENTERPRISES,
)
Respondents.
ORDER
OF THE
BOARD:
This matter comes before the Board upon an February 7,
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 Ken Lomax and Ken Lomax
Enterprises on February 7,
1995.
The Agency alleges that on
December 30,
1994, Ken Loniax and Ken Lomax Enterprises, present
owners and/or operators of a facility located in Jefferson County
and commonly known to the Agency as Mt. Vernon/Lox, violated
Sections 21(p) (1) and 21(p) (3)
of the Act.
The statutory penalty
established for each violation is $500.00 pursuant to Section
42(b) (4) of the Act.
Ken Lomax and Ken Lomax Enterprises 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
Ken Lomax and Ken Lomax Enterprises, have violated the provisions
alleged in the Administrative Citation.
Since there are two
(2)
such violations, the total penalty to be imposed is set at
$1000.00.
1. It is hereby ordered that, unless the Denalty has already been
paid, within 30 days of the date of this order Ken Lomax and
Ken Lomax Enterprises shall, by certified check or money order
payable to the Illinois Environmental Protection Trust Fund,
pay a penalty in the amount of $1000.00, 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. 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
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
Board
hereby certify that the above order was adopted on the
day of
,
1995,
by a vote of
-0
Dorothy M. 91~nn
Illinois P9’l ~
Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB
—
7 1995
STATE OF iLLINOIS
ADMINISTRATIVE
CITATION
POLLUTION CONTROL BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
)
AC
_________________
)
(IEPA No.
95-95-AC)
v.
)
)
KEN LOMAX and KEN LOMAX ENTERPRISES,
)
)
Respondents.
)
JURISDICTION
This Administrative Citation
is issued pursuant to authority vested in
the Illinois Environmental
Protection Agency by 415
ILCS 5/31.1,
1992;
Iii.
Rev.
Stat.
ch.
111½,
para.
1031.1.
FACTS
1.
That Respondents Ken Lomax and Ken Lomax Enterprises is the
present owner and/or operator of a facility located in the County of
Jefferson,
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. 0818030005.
Said facility is comonly known to the Agency as Mt.
Vernon/Lomax.
3.
That Respondents have owned and/or operated said facility at all
times pertinent hereto.
4.
That on December 30,
1994, Sheila Williams, of the Illinois
Environmental
Protection Agency, inspected the above-descri~edfacility.
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 Sheila Williams, 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 30, 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;
Iii.
Rev.
Stat.
ch.
111½,
para.
1O21(p)(1).
(2)
Causing or allowing open burning in violation of 415 ILCS
5/21(p)(3),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1021(p)(3).
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
One
Thousand
Dollars
($1,000.00).
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, 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 for each finding of violation.
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
March 17, 1995
If you do
not
petition
the
Illinois
Pollution
Control
Board
for
review of this
-2-
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
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 heaving costs of the Illinois
Environmental
Protection~Agencyand
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.
5~
415
tICS 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
—3—
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
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.
7~’1
4
6-.-~L
Mary
Director
Illinois
Environmental
Prote tion Agency
Prepared
by:
Todd Rettig
Il
1 inois
Envi ronmental
Protection
Agency
2200 Churchill Road
P.O.
Box
19276
Springfield,
Illinois
62794—9276
(217)782-5544
Date:
________________
BD:clw\Open
-4-
F~ECE1VED
REMITTANCE FORM
FEB
-
7 1995
STATE OF ILUNOIS
POLLUTION CONTROL BOAT~D
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
)
~
v.
)
EPA 95-95-AC
KEN LOMAX and KEN LOMAX ENTERPRISES,
)
Respondents.
)
FACILITY:
Mt. Vernon/Lomax
SITE CODE NO.:
0818030005
COUNTY:
Jefferson
CIVIL PENALTY:
$1,000.00
DATE
OF
INSPECTION:
December
30,
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-
.
.
.