ILLINOIS POLLUTION CONTROL BOARD

December 1, 1994

SANGAMON COUNTY,

)

Complainant,

)

v.

)

AC 94—84

(SCDPH—94—AC—25)

)

(Administrative Citation)

MILTON

TENNANT,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon the September 26,

1994 filing of an Administrative Citation pursuant to Section

31.1 of the Illinois Environmental Protection Act

(Act)

by

Sangamon 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

Milton Tennant on September

21,

1994.

Sangamon County alleges

that on July 25,

1994, Milton Tennant, present owner and/or

operator of a facility located in Sangamon County and commonly

known to the County as Springfield Twp./Tennant, 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.

Milton Pennant 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 Milton Tennant, 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 Milton Tennant

shall, by certified check or money order payable to the

Sangamon County Department of Public Health, pay a penalty in

the amount of $500.00, which is to be sent to:

James

D. Stone, Director

Sangamon County Department of Public Health

200 South Ninth Street, Room 301

Springfield, Illinois 62701

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.

---

2

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.

Adtn. Code 101.246,

Motions for Reconsideration.)

I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control

Board

hereby certify that the above order was adopted on the

day

of

,

1994, by a vote of

________.

Control Board

---

J

SEP

261994

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARD

STATE

OF

LLNQ;S

ADMINISTRATIVE

CITATION

SANGAMON

COUNTY,

)

Complainant,

)

AC

—

)

Administrative

Citation

-vs-

)

SCDPH-94-AC-25

)

MILTON TENNANT,

)

)

Respondent.

)

JURISDICTION

This

Administrative

Citation is

issued pursuant to authority vested

in the Illinois

Environmental Protection

Agency

by

415

ILCS

5/31.1

(1993), and delegated to

Sangamon

County

pursuant to

415

ILCS 5/4 (r)

(1993).

FACTS

1.

That the Respondent,

Milton Tennant,

is the present owner and operator of a

facility

located in

the County of Sangamon,

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.

1678220068.

Said

facility

is commonly known to the Agency

as Springfield Twp./Tennant.

3.

That

the Respondent,

Milton Tennant,

has owned and operated

said facility

at

all

times

pertinent hereto.

4.

That on July 25,

1994,

Allen Alexander,

Solid Waste Specialists with

the

Sangamon

County

Department of Public

Health,

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

thereof.

---

VIOLATIONS

On the basis

of the direct observations

of Allen Alexander,

Sangamon County

has

determined that the Respondent has caused or allowed open dumping at the above-described

facility

in a manner which

resulted in the

following occurrences:

A.

That on

July

25,

1994,

an on-site inspection of said

facility disclosed the

following:

Causing or allowing litter

(415

ILCS

5/21

(p)

(1)

(1994));

and

CIVIL

PENALTY

Pursuant

to 415

ILCS

5/42

(b) (4)

(1994),

the

Respondent herein

is

subject to

a civil

penalty of five hundred dollars ($500.00) for each violation specified above in Paragraph A and

subpaparagraphs

hereunder,

for a

total of $500.00.

Additionally,

should

the 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,

the

Respondent shall be

assessed the

associated hearing costs

incurred by

Sangamon County

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

thirty

five

(35) days from

the date of service of this

Administrative

Citation.

If you do

not petition

the

Illinois Pollution

Control Board for review

of this Administrative

Citation within the thirty

five (35)

days,

or if you elect to contest this

Administrative

Citation, any judgment

rendered against you

shall

specify

the due date of the

statuatory

civil penalty

and any

costs

assessed against you.

---

When

payment

is made,

your check should

be

made

payable

to

the Sangamon County

Department of Public Health and mailed to the attention ofJames D.

Stone, Director, 200 South

Ninth Street, Room 301,

Springfield, Illinois,

62701.

Also,

please complete

and return

the

enclosed

Remittance

Form

to

assure proper documentation of your 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

shall be

assessed

for the period

from the

date payment was due until the date payment was

received.

If any civil

penalty,

by

reason of

acknowledgement, default,

or finding after adjudicatory hearing,

is

not paid

when

due,

either

the

Office of the Illinois Attorney

General or the

Office of the Sangamon 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 Sangamon

County and the Illinois Pollution Control Board, if any,

either the Attorney

General’s Office or

the State’s Attorney’s

Office shall

seek to

recover their costs of litigation.

PROCEDURE

FOR

CONTESTING

ADMINISTRATIVE

CITATION

You have the right

to

contest this Administrative

Citation.

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 Sangamon

County Department of Public

Health.

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 must be

filed with the Clerk

of the Illinois Pollution Control Board at the State of illinois Center,

100 West Randolph Street,

Suite

11-500,

Chicago, Illinois,

60601,

and a copy of said Petition for

Review filed with the

---

Sangamon County Department ofPublic Health, 200 South Ninth Street, Room 301, Springfield,

Illinois,

62701.

The

procedure for filing a Petitionfor Review can be found in 415

ILCS

5/31.1

(1993),

and Part

101

of Title

35

of the Illinois Administrative Code.

Date:

__________________________________

James D.

Stone,

Director

SANGAMON

COUNTY

DEP

RTMENT 0

PUBLIC

HEALTH

BY:

£~

Robert

L.

Smith

Prepared

by:

Robert

L.

Smith

Assistant State’s Attorney

Sangamon County

State’s

Attorney’s

Office

200 South Ninth Street, Room 402

Springfield,

IL

62701

(217)

753-6690

JDS/RLS/AA/BW/JF:vah

---

SANGAMON

COUNTY

)

Complainant,

)

AC

/

)

Adminsitrative

Citation

-vs-

)

SCDPH-94-AC-25

)

MILTON TENNANT,

)

)

Respondent.

)

FACILITY:

SPRINGFIELD TWP./

SITE CODE:

1678220068

TENNANT

COUNTY:

SANGAMON

CIVIL

PENALTY:

DATE

OF INSPECTION:

July 25,

DATE

REMITTED:

____________________

S.S.#/F.E.i.N.:

_________________________

SIGNATURE:

___________________

NOTE

Please enter the

date of your remittance,

your social

security

number

(S.S.#) if an individual,

or

your

Federal

Employer

Identification

Number

(F.E.i.N.)

if

a

corporation,

and

sign

this

Remittance

Form.

Be sure

that your check

is

enclosed

and

mail

with

this

form

to

James

D.

Stone, Director, Sangamon County Department ofPublic Health, 200 South Ninth Street, Room

301,

Springfield,

Illinois,

62701.

JDS

vh