ILLINOIS POLLUTION CONTROL BOARD
    June 15,
    1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    AC 95—16
    )
    (IEPA No.
    102-95-AC)
    )
    (Administrative Citation)
    JOHN SHARP d/b/a
    JOHN’S AUTO SALVAGE,
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the February 16,
    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 John Sharp d/b/a John’s
    Auto Salvage on February 9,
    1995.
    The Agency alleges that on
    December 12,
    1994, John Sharp, present owner and/or operator of
    a
    facility located in Montgomery County and commonly known to the
    Agency as Grisham/John’s Auto Salvage 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.
    John Sharp d/b/a John’s Auto Salvage 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
    John Sharp d/b/a John’s Auto Salvage, 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 John Sharp
    d/b/a John’s Auto Salvage shall,
    by certified check or money
    order payable to the Illinois Environmental Protection Trust
    Fund, pay a penalty in the amount of $500.00, 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
    Boar~c1~~iereb~
    certify th
    he above order was adopted on the
    /~.
    day of
    ,
    1995, by a vote of
    0.
    Dorothy M. Gu~,
    Clerk
    Illinois Poi9ition
    Control Board
    BEFORE THE ILLINOIS POLLUTION CONTROL
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    )
    AC
    ~:~—
    /~
    (IEPA No.
    102-95-AC
    v.
    JOHN SHARP d/b/a JOHN’S AUTO SALVAGE,
    )
    )
    Respondent.
    JURISDICTION
    This Administrative Citation is issued pursuant to authority
    vested in the Illinois Environmental Protection Agency by 415
    ILCS 5/31.1,
    1992;
    Ill. Rev.
    Stat.
    ch.
    111½, para.
    1031.1.
    FACTS
    1.
    That Respondent John Sharp d/b/a John’s Auto Salvage is
    the present owner and/or operator of a facility located
    in the
    County of Montgomery, 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. 1358050006.
    Said facility is
    commonly known to the Agency as Grisham/John’s Auto Salvage.
    3.
    That Respondent has owned and/or operated said facility
    at all times pertinent hereto.
    4.
    That on December 12,
    1994, Robert Mathis Jr., of the
    Illinois Environmental Protection Agency,
    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 Robert Mathis Jr.,
    the
    Illinois Environmental Protection Agency 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 December 12,
    1994 an on-site inspection of said
    facility disclosed the following:
    (1) Causing or allowing litter in violation of
    415
    ILCS
    5/2l(p)(l),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111½,
    para.
    102l(p)(1)
    CIVIL PENALTY
    Pursuant to 415 ILCS 5/42(b)(4),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111½,
    para.
    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(1),
    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 hereinbelow,
    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.
    If you acknowledge the violations cited hereinabove,
    the
    civil penalty specified above shall be due and payable no later
    than
    April
    17,
    1995
    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 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 hearing costs of the Illinois Environmental
    —3—
    Protection Agency and 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.
    See 415 ILCS 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 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
    —4—
    with the Illinois Environmental Protection Agency at 2200
    Churchill Road,
    P.O. Box 19276,
    Springfield,
    Illinois
    62794—
    9276,
    Attention:
    Division of Legal Counsel.
    ~(2
    .
    /MariA. Gade,
    Director
    Illinois Environmental Protection
    Agency
    Prepared by:
    Todd Rettig
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    Illinois
    62794—9276
    (217)782—5544
    Date:
    ____________________
    BD:tIbOpcQ
    —5—
    REMITTANCE
    FORE
    FEB
    1
    6
    1995
    STATE OF ~LUNOIS
    POLLUTION CONTROL BOARD
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    ,,4~9s-/~
    v.
    )
    EPA 102-95-AC
    )
    JOHN
    SHARP
    d/b/a JOHN’S AUTO SALVAGE,
    )
    )
    Respondent.
    FACILITY:
    Grishaxn/John’s Auto Salvage
    SITE CODE NO.: 1358050006
    COUNTY:
    Montgomery
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    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.
    —6—

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