RECEIVED

ILLINOIS POLLUTION CONTROL BOARD

December 1,

1994

WAYNE COUNTY

HEALTH DEPARTMENT,

)

Complainant,

v.

)

 AC 94—83

)

 (County No.

 1-94)

)

 (Administrative Citation)

ALMA

 D. RURTZ,

)

Respondent.

ORDER

THE

BOARD:

This

 matter comes before the Board upon an September 26,

1994 filing of an Administrative Citation pursuant to Section

31.1 of the Illinois Enviromnental Protection Act

 (Act)

 by Wayne

County.

 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 Alma D.

Kurtz on September 24,

 1994.

 The Wayne County Health Department

alleges that on September 9,

 1994, Alma D. Kurtz,

 present owner

and/or operator of a facility located in Wayne County and

commonly known to the County as Kurtz Dumpsite, 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.

Alma D. Kurtz 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 Alma D. Kurtz, 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 penalty has already been

paid, within 30 days of the date of this order Alma D. Kurtz

shall,

 by certified check or money order payable to the Wayne

County Treasurer, pay a penalty in the amount of $500.00,

which is to be sent to:

Gayla Vaughan

Wayne County Treasurer

Wayne County Courthouse

Fairfield, Illinois 62837

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 H. Gunn, Clerk of the Illinois Pollution Control

Boards

 hereby certify that the above order was adopted on the

 day of

1994,

 a vote of

Control Board

BEFORE THE ILLINOIS POLLUTION CONTROL BO2~

ADMINISTRATIVE CITATION

WAYNE COUNTY

HEALTH

 DEPARTMENT,

Complainant,

V.

)

AC

#01—94

ALMA. D. KURTZ,

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to authority

vested

in

the

 Illinois Environmental

 Protection Agency by

 Ill.

Rev. Stat.

 1991,

Ch.

 111 1/2,

 par.

 1031.1.

FACTS

1. That Respondent is the present owner and/or operator of a

facility located in the County of Wayne,

 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.

 1910250002.

 Said

 facility

is

commonly known

 to the Agency as the Kurtz Dumpsite.

3.

 That Respondent

has

 owned

 and/or operated said facility

at all times pertinent hereto.

4.

 That on September 09,

 1994,

 Bill

J.

 Bruce,

of

 the Wayne

County Health Department,

 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.

RECEIVED

SEP

281994

STATE OF

LUNOIS

POLLUTION CONTROL BOARD

VIOLATIONS

On

the

 basis

of

the

 direct

 observation

of

the

 Kurtz

Durapsite,

 the Wayne County Health Department

 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 09-01-94

 an on—site inspection of said facility

disclosed the following:

1.

X

 Causing or allowing litter

 (Ill.

 Rev.

 Stat.

 1991,

ch.

111

 1/2,

 par.

 1021(p) (1)

 formerly

1021(q) (U)

CIVIL PENALTY

Pursuant

to

 Ill.

 Rev.

 Stat.

 1991,

Ch.

111

 1/2,

 par.

1042(b) (4),

 Respoiident herein

is

 subject

to

a

 civil

 penalty of

Five Hundred Dollars

 ($500.00)

 for each violation specified above

in

 Paragraph Al,

for

a

 total

of

 $500.00.

 Additionally,

 should

Respondent

 elect to petition the Illinois Pollution Control Board

under the review process described herein below,

 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

 Wayne

 County

 Health

 Department

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

 October

31,

 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 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

t~heWayne County Treasurer and mailed to the attention of Gayla

Vaughan,

 Wayne

 County

 Treasurer,

 Wayne

 County

 Courthouse,

Fairfield,

 Illinois 62837.

 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

Wayne

 County

 State’s

 Attorney

 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

 State’s

Attorney will seek to recover their costs of litigation.

PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION

You have the

 right

 to contest this Administrative Citation.

See Ill. Rev.

 Stat.

 1991,

Ch.

111

 1/2, par.

 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 Wayne

 County State’s Attorney, Attention:

 Barry

L.

 Vaughan,

Wayne

 County

 Courthouse,

 Fairfield,

 Illinois

 62837.

 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 State’s Attorney at

the

Wayne

 County

 Courthouse,

 Fairfield,

 Illinois

 62837,

 Attention:

Barry L. Vaughan.

~

Ba~4’~L.

 Vaug~n

Wa~ieCounty state’s Attorney

DATE:

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

WAYNE COUNTY HEALTH DEPARTMENT,

Complainant,

V.

)

AC

/t~~

#0l—~4

ALMA.

KTJRTZ,

 Respondent.

AFFIDAVIT

Affiant,

 Bill

J.

 Bruce,

 being first duly sworn,

 voluntarily

deposes and states as follows:

1. Affiant

is

 a field inspector employed by the Wayne County

Health Department and has been so employed at all times pertinent

hereto.

2. On September 09,

 1994, between 11:58 a.m. and 12:15 p.m.,

Affiant

 conducted

an

 inspection

of

a

 disposal

 site

 operated

without an Agency permit,

 located in Wayne County,

 Illinois,

and

known

as

the

 Kurtz

 Durapsite

by

the

 Wayne

 County

 Health

Department.

 Said

 site

has

 been

 assigned

 site

 code

number

1910250002 by the Department.

3.

 Affiant insDected said open

 duxnpsite

 site by

 an on—site

inspection which included walking and photographing the site.

4.

As

a

 result

of

the

 material

 actions

 referred

to

in

paragraph

3

 above, Affiant completed the Inspection

 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 Alma D. Kurtz,

 Kurtz Dumpsite.

Subscribed and Swor~to before me

this

~2Qt~

day of

~

 19P1.7

REMITTANCE FOBM

WAYNE COUNTY

HEALTH

DEPARTMENT,

Complainant,

)

-/2

V.

)

AC

//

~0l—94

ALMA

KURTZ,

Respondent.

FACILITY:

 Kurtz Dumpsite

 SITE.CODE NO.:

1910250002

COUNTY:

 Wayne

 CIVIL PENALTY:

 $500.00

DATE OF INSPECTION:

 September

09,

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 corporation, and sign this Remittance

 Form.

Be

 sure your check is enclosed and mail,

 along with Remittance Form,

to

 Wayne

 County

 Treasurer’s

 Office,

 Wayne

 County

 Courthouse,

Fairfield,

 Illinois 62837