ILLINOIS POLLUTION CONTROL BOARD
October
6,
1994
COUNTY
OF MADISON,
Complainant,
V.
)
AC 94—70
(County No.
94—1)
(Administrative Citation)
LEROY BECK,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an August
12,
1994
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by Madison
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 Leroy Beck
on August
10,
1994.
Madison County alleges that on June 14,
1994,
Leroy Beck, present owner and/or operator of
a facility
located in Madison County and commonly known to the County as
Moro/Beck, 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.
Leroy Beck 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 Leroy Beck, 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 ienalty has already been
paid, within 30 days of the date of this order Leroy Beck
shall, by certified check or money order payable to the
General Fund-Solid Waste Fine, pay a penalty in the amount of
$500.00, which is to be sent to:
John M. Shimkus
Madison County Treasurer
157
N. Main Street
Edwardsville, Illinois 62025
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.
Adin.
Code 101.246,
Motions for Reconsideration.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify tha~1thqabove order was adopted on the
(L’~
day of
,
1994, by a vote of
/~.
Dorothy M. ,~1nn,Clerk
Illinois Pb)/lution Control Board
J~E1Vi~1
AUG
121994
5fi~i~
OF
!LLINO;s
I
~.‘S
DLLLfl~JNC~J~TROLBO~D
ADMINISTRATIVE CITATION
COUNTY OF MADISON,
)
Complainant,
)
,4c
~y-2o
vs.
)
Madison County
)
Citation #94—01
LEROY BECK,
)
Respondent
)
JURISDICITION
This Administrative Citation is issued pursuant to authority
vested in the Illinois Environmental Protection Agency by 415 ILCS
5/31.1
(1992 State Bar Edition)
formerly
Ill. Rev. Stat. 1991,
cli.
111 1/2, par.
1031.1
and delegated to Madison County pursuant to
415 ILCS 5/4(r)
(1992 State Bar Edition)
formerly
Ill. Rev. Stat.
1985,
Supp.
1986,
cli.
111 1/2,
par. 1004(r)).
FACTS
1.
That Respondent is the present owner and/or operator of a
facility located in the County of Madison, State of Illinois.
2.
That said facility
is an open dump,
without an Illinois
Environmental Protection Agency Operating Permit,
and designated
with Site Code No. 1198120012.
Said
facility is commonly known to
the Agency as Moro/Beck.
3.
That Respondent has operated said facility at
all times
pertinent hereto.
4.
That
on June
14,
1994,
David
Terry
of Madison County
Environmental 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.
VIOLATIONS
On the basis of direct observation of David Terry, the Madison
County Environmental 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 June
14,
1994
an
on-site
inspection
of
said
facility disclosed the following:
X
Causing or allowing litter 415 ILCS 5/21(p) (1)
(1992 State Bar Edition)
formerly
Ill. Rev.
Stat.
1991,
cli.
11.
1/2,
par.
1021(p) (1).
____
Causing or allowing scavenging operations 415 ILCS
5/21(p) (2)
(1992 State Bar Edition)
formerly
Ill.
Rev. Stat.
1991,
cli.
111 1/2, par.
1021(p) (2)).
____
Causing or allowing open burning 415 ILCS 5/21(p)
(3)
(1992 State Bar Edition)
formerly
Ill. Rev.
Stat.
1991,
ch.
11.
1/2, par. 1O21(p)(3).
____
Causing or allowing the deposition of waste in
standing or flowing waters 415 ILCS 5/21(p) (4)
(1992 State Bar Edition) formerly
Ill. Rev. Stat.
1991,
ch.
111 1/2, par.
1021(p) (4).
Causing or allowing proliferation of disease
vectors
41.5 ILCS 5/21(p) (5)
(1992 State Bar
Edition)
formerly
Ill. Rev.
Stat.
1991,
ch.
111.
1/2, par.
1021(p) (5).
Causing or allowing the generation of standing or
flowing
liquid
discharge from the open dump site
415 ILCS 5/21(p)(6)
(1992 State Bar Edition)
formerly
Ill. Rev. Stat.
1991,
ch.
113. 1/2,, par.
1021(p) (6)).
CIVIL PENALTY
Pursuant to 415 ILCS 5/42(b) (4)
(1992 State Bar Edition)
formerly
Ill.
Rev.
Stat.
1991,
ch
11.
1/2,
par.
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.,
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 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
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
than 35 days from the Date of Service.
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 or money order should be made
payable
to the General Fund
-
Solid Waste Pine and mailed to the
attention of John M.
Shimkus, County Treasurer,
157
N. Main St.,
Edwardsville,
IL
62025.
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 acknowledgement,
default
or
finding after
adjudicatory
hearing
is
not
paid
when
due,
the
Office
of
the
Madison
County
States
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’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.
See 415 ILCS 5/31.1
(1992 State Bar Edition)
formerly
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 Illinois Pollution Control Board.
A copy of the
Petition for Review should be filed with the Madison County States
Attorney’s Office.
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 Madison
County
States
Attorney’s
Office,
157
N.
Main
St.,
Suite
402,
Edwardsville,
IL
62025.
Attn:
Nelson
Metz,
Assistant
States
Attorney, Madison County.
Jos~.~re~e
,~
~
Admi
~strator
Madison County Assistant
Solid Waste Management
State’s Attorney
157 N. Main Ste.
254
157
N. Main Ste.
402
Edwardsville, IL
62025—1964
Edwardsville,
IL
62025—1969
(618)692—6200,
ext.
4616
(618)692—6200,
ext.
4550
REMITTANCE
FORM
COUNTY OF MADISON,
)
Complainant,
)
~
Madison County
vs.
)
Citation #94-01
LEROY BECK
)
Respondent.
FACILITY: Moro/Beck
SITE CODE NO.:
1198120012
COUNTY:
Madison
CIVIL PENALTY:
$
500.00
DATE OF INSPECTION: June 14,
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
Num~ber (FEIN)
if a corporation,
and sign this Remittance
Form.
Be
sure your check is enclosed and mail,
along with Remittance Form,
to
John
N.
Shimkus,
County
Treasurer,
157
N.
Main
St.,
Edwardsville,
IL
62025.