ILLINOIS POLLUTION CONTROL BOARD
December
1,
1994
WILLIAMSON COUNTY,
)
SOLID WASTE
MANAGEMENT,
)
)
Complainant,
)
v.
)
AC 94—87
)
(Administrative Citation)
)
BILL BAIZE,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the October
3,
1994
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by Williamson
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 Bill Baize
on September 28,
1994.
Williamson County alleges that on
September 22,
1994, Bill Baize,
present owner and/or operator of
a facility located in Williamson County and commonly known to the
County as Bill Baize open dump, violated Sections 21(p) (1)
and 21
(p) (4)
of the Act.
The statutory penalty established for each
violation is $500.00 pursuant to Section 42(b)(4) of the Act.
Bill Baize 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 Baize, has violated
the provision alleged in the Administrative Citation.
Since
there are two
(2)
such violations, the total penalty to be
imposed is set at $1,000.00.
1.
It is hereby ordered that, unless the ienalty has already been
paid, within 30 days of the date of this order Bill Baize
shall,
by certified check or money order payable to the
Williamson County Treasurer, pay a penalty in the amount of
$1,000.00, which is to be sent to:
Williamson County Treasurer
200 West Jefferson Street
Marian, Illinois 62959
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. Adm. Code 101.246,
Motions for Reconsideration.)
I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify~thatthe above order was adopted on the
day of
,
1994,
by
a
vote
of
_________.
/~
Dorothy M. /~unn,Clerk
Illinois Pollution Control Board
I
RECE~VEtJ~
OCT
-31994
STATE OF ILLiN0~S
POLLUTION CONTROL
~2~fli~1
ADMINISTRATIVE
CITATION
WILLIAMSON
COUNTY SOLID WASTE OFFICE
Complainant
)
~.
/
V.
Sill
Baize
Respondent.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental
Protection
Agency
by
Public
Act
8’+—1320
(Ill.
Rev.
Stat.
1987,
ch.
iii
1/2,
para.
1031.),
(recompiled
as
~415
ILCS 5/l—5~.~) and delegated
to Williamson
County
pursuant
to
Ill.
Rev.
Stat.
1987,
ch.
111
1/2, para.
1004(r),
(recompMed
as
415
ILCS 5/l--5~.6).
FACTS
1.
That Respondent,
Sill
Sai-ze,
is
the present
o~’iner and/or
operator
of
a facility
located
in the County
of Williamson,
State
of
Illinois.
2.
That
said
facility
is
an open dump,
operation
without
and
Illinois
Environmental
Protection
Agency
Operating
Permit,
and
designated
with
site
Code
No.
1998580017.
Said
facility
is
commonly
knot~in to
the County
as
Bill Baize open dump.
3.
That
Respondent
has ot~ned and/or
operated
said Facility
at
all
times pertinent
hereto.
4.
That
on
September
22,
1994,
Frank
S~eetin, of
the
Williamson
County
Solid
Waste
Office,
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 Frank
S~~ieetin,the
Williamson
County
Solid
Waste
Office
has
determined
that
Respondent
has
caused
or
allot’~ed
the open dumping
at
the above
described
facility
in
a
manner which
resulted
in
the following
occurrences:
A.
That
on September
22,
1994,
an on—site
inspection
of
said
facility
disclosed
the follou.~ing:
(l)Causing
or allo~ing
litter
(‘÷15
ILCS 5/1
et
seq)
(formerly
Ill.Rev.
Stat.
Ch.lll
1/2,
1001
et
seq.) .(Section
21
(p)(l)
of
the Act).
(8)
Causing
or
allowing
the deposition
of waste
on
standing
or flowing
v~aters (415
ILCS
5/1
et
seq)
(formerly
Ii.
Rev.Stat.
Ch.1ll
1/2,
1001
et
seq)
(Section
21
(p)
(4)
of
the
Act).
CIVIL
PENALTY
Pursuant
to
(Ill.
Rev.
Stat.
ch.111
1/2, para.
1042
(b)
(4)
(1991)
recompiled
as ‘~15 ILCS 5/l—5é3.6)~
Respondent
herein
is
subject
to
a
civil penalty
of Five Hundred Dollars
(~5O0.OO) for
each
violation
specified
above
in
Paragraph
A,
for
a total
of
(~1OO0.0O). 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
violation
alleged
herein,
after
an adjudicatory
hearing,
Respondent
shall
be
assessed
the
associated
hearing
costs
incurred
by Williamson
County
and
the Illinois Pollution
Control
Board,
in addition
to
the Five Hundred
Dollar
(~50O.OO) 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
November
11,
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
the Williamson
County Treasurer,
200 W.
Jefferson
St., Marion,
II.
~E959.
Also,
please
complete
and
return
the
enclosed
Remittance
Form,
along
with
your
payment,
to
assure
proper
doc
umentation
a-f payment.
If
any
civil
penalty
imposed
by
the
Illinois
Pollution
Control
Board
is not
paid within
the time prescribed
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
Williamson 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 Williamson County
and
the
Illinois Pollution
Control
Board,
if
any,
the
Williamson
County
State’s Attorneys
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 Ill.
Rev.
Stat.
ch.
111
1/8,
para.
1031.1
(1991),
(recompiled
as
415
ILCS
5/1—56.6).
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
o’F
the
Petition
for Review
should
be filed
with
the Williamson
County
State’s
Attorney.
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
Williamson
County
State’s
Attorney
at
the
Williamson
County Courthouse,
200
West Jefferson
St.,
Marion,IL.
62959.
Charles
R.
Garnati
Date:
September
26,1994
REMITTANCE
FORM
Williamson
County Solid Waste Office
7
Complainant,
Ci
(
f
Bill
Baize
Respondent.
FACILITY:
Bill
Baize
SITE CODE
NO.:
1998580017
COUNTY:
Williamson
CIVIL PENALTY:
¶~lO0O.0O
DATE OF
INSPECTION:
September
22,1994
DATE REMITTED:
SS/FEIN
NUMBER
SIGNATURE
NOTE
Please
enter
the date
of your
remittance,
your
Social
Security
number
(SB)
if
and
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
the Williamson County Treasurer,
200
west
Jefferson
St.,
Marion,
IL. 62959.