ILLINOIS POLLUTION CONTROL BOARD

December 14,

1994

COUNTY

OF

LASALLE,

)

Complainant,

)

v.

)

AC

94—93

(County No.

94-01)

(Administrative Citation)

MICHAEL NROWICKI,

)

)

Respondent.

ORDER OF THE

BOARD:

This matter comes before the Board upon the October 26,

1994

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by LaSalle

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 Michael

Mrowicki on October 22,

1994.

LaSalle County alleges that on

August 31,

1994, Michael Nrowicki, present owner and/or operator

of a facility located at RR1, Rockwell Road,

in the city of

LaSalle, LaSalle County and commonly known to the County as

Double N Trucking, violated Sections 21(p) (1),

21(p) (4), and

21(p) (6)

of the Act.

The statutory penalty established for each

of these violations is $500.00 pursuant to Section 42(b) (4)

of

the Act.

Michael Mrowicki 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 Michael Mrowicki, has

violated the provisions alleged in the Administrative Citation.

Since there are three

(3) such violations, the total penalty to

be imposed is set at $1500.00.

1.

It is hereby ordered that,

unless the penalty has already been

paid, within 30 days of the date of this order Michael

Mrowicki shall, by certified check or money order payable to

the LaSalle County Department of Solid Waste Management, pay a

penalty in the amount of $1500.00, which is to be sent to:

LaSalle County Department of Solid Waste

Management

119 West Madison Street, Room 400

Ottawa, Illinois 61350

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

---

2

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 N.

Gunn,

Clerk of the Illinois Pollution Control

Board,)~erebycertify that the above order was adopted on the

1i~~

day of

,

1994, by a vote of

,A~

Dorothy M~Gunn, Clerk

Illinois ~llution

Control Board

---

COUNTY OF LASALLE

RECEIVED

OCT

261994

STATE Of iWf~O~S

POllUTION

CONTR~)L

EOA~

LA~ALLECOUNTY ILLINOIS

13TH JUDICIAL CIRCUIT

ADMINISTRATIVE

CITATION

COUNTY OF LASALLE

V.

MICHAEL

MROWICKI,

)

)

)

)

~NO.

~4•4-’~

i&~’~f

)

)

JURISDICTION

This Administrative Citation is issued pursuant to authority vested in the Illinois Environmental

Protection Agency by

415

ILCS

5/31.

1, formerly Ill.

Rev.

Stat.

1991,

Ch.

111

1/2, par.

1031. 1,

and

delegated to the County of LaSalle pursuant to

415

ILCS

5/4

(r), formerly III. Rev.

Stat.

1991, Ch.

III

1/2 par

1004 (r).

FACTS

1.

That Respondent, Michael Mrowicki,

is the present owner and/or operator of a facility

located at RRI, Rockwell Road, City ofLaSalle, in the County ofLaSalle and the

State of

Illinois.

iFFICE OF THE STATE’S ATTORNEY

JOSEPH R. NAVARRO

State~sAttorney

STATE OF ILLINOIS

707

Etna Rd.

Room 251

Ottawa.

IL 61350

Phone ~815)

434-8340

FAX

(815) 434-8357

Complainant,

Respondent.

---

2.

That said facility is an open dump,

operating without

an Illinois Environmental

Protection Agency Permit,

and designated with Site Code No. 0990300024.

Said facility is

commonly known to

the Agency as

Double M Trucking.

3.

That Respondent has owned and/or operated said facility at all times pertinent hereto.

4.

That on August 3

1,

1994, Collin Colby, ofthe LaSalle County Department ofSolid

Waste Management, under the authority ofthe Illinois Environmental Protection Agency,

inspected the above described facility.

A copy ofthe inspection report setting forth the results of

such inspection is attached hereto

and made a part hereof.

VIOLATIONS

5.

On the basis of direct observation of Collin Colby,

the LaSalle County Department of

Solid Waste Management

has determined that Respondent has caused or allowed open dumping

at the above

described facility in a manner which results in the following occurrences:

That on August 31,

1994 an

on-site inspection ofsaid facility disclosed the following:

a.

Causing or allowing litter 415 JLCS

5/21

(p) (1), (formerly Ill.

Rev. Stat.

1991,

ch.

1111/2,

par.

1021

(p) (1)

formerly

1021 (q)(I)

).

b.

Causing or allowing the deposition ofwaste in standing or flowing waters

415

ILCS

5/21

(p) (4), (formerly Ill.

Rev.

Stat.

1991,

cli.

1111/2,

par.

1021

(p)(4)

formerly

1021

(q)(4)J).

c.

Causing or allowing the generation ofstanding or flowing liquid discharge

from the open dump site 415 ILCS

5/21 (p) (6), (formerly Ill.

Rev.

Stat.

1991,

ch.

1111/2,

par.

1021

(p)(6) formerly

1021

(q)(6)).

CIVIL PENALTY

6.

Pursuant

to

415 ILCS 5/42 (b) (4). formerly Ill.

Rev.

Stat.

1991,

Cli.

1111/2, par.

1042

(b)(4), Respondent herein is subject to a civil penalty ofFive Hundred Dollars ($500.00) for each

violation

specified above in Paragraphs

5(a)

5(b) and 5(c)

for a total of$1500.00.

Additionally,

should Respondent elect to petition the Illinois

Pollution Control Board under the review process

described herein below, and

if there is a finding ofthe 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 ofviolation.

---

7. Ifyou

acknowledge the violations cited

herein above, the civil penalty

specified above

shall be due and

payable no later that thirty-five (35) days from the date ofservice hereof.

Ifyou

do

not

petition the Illinois Pollution Control Board for review ofthis Administrative Citation

within thirty-five (35) days ofservice hereof or ifyou elect to contest this Administrative Citation,

any judgment

rendered against you

shall specify the due date ofthe

statutory civil

penalty and any

costs assessed against you.

8.

When

payment is made, your check should be made payable to the LASALLE

COUNTY DEPARTMENT

OF

SOLID WASTE MANAGEMENT and

mailed to:

LaSalle County Department ofSolid Waste Management

119

West Madison Street

Room 400

Ottawa, illinois 61350

Also, please complete and return the enclosed Remittance Form, along with your payment, to

assure proper documentation of payment.

9. 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 forthe period from the

date payment

is due until the date payment is received.

If any civil

penalty,

by reason of

acknowledgment, default or finding afier adjudicatory hearing is not

paid when due, the LaSalle

County State’s Attorney may initiate proceedings in Circuit Court to collect said civil penalty.

In

addition to

the previously assessed civil penalty,

interest, and hearing costs ofthe

Illinois Pollution

Control Board,

if any, the State’s Attorney’s

Office will

seek to recover their costs oflitigation.

PROCEDURE

FOR CONTESTING THIS

ADMINISTRATIVE

CITATION

10.

You have the right to contest this Administrative Citation.

~415

ILCS

5/31.1,

formerly Ill. Rev.

Stat.

1991,

Ch.

1111/2,

par.

1031.1.

Ifyou elect to contest this Administrative

Citation,

you

rni~

lile a Petition for Review with the Clerk ofthe Illinois Pollution Control

Board.

Copies of the Petition for review should

also be filed with:

Robert M.

Eschbach

LaSalle County Special Assistant State’s Attorney

728 Columbus Street

Ottawa,

Illinois 61350

---

LaSalle County Department ofSolid Waste Management

LaSalle County Courthouse

119 West Madison

Street

Room 400

Ottawa,

Illinois 61350

Such Petition

for Review

inii~i

be filed within thirty-five (35) days ofthe date ofservice of

this Administrative Citation, or a default judgment shall be entered

by the Pollution Control

Board.

Petition for Review

may be filedwith the:

Clerk ofthe Illinois Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite

11-500

Chicago, Illinois

60601

Dated:

~

Joseph Navarro

LaSalle

County State’s Attorney

B~/~

~

Robert M. Eschbach

Special Assistant State’s Attorney,

Environmental Matters

ii

•v~

(?n’it-’~i

///~1//

f~c~-~

~

---

REMITTANCE

FORM

COUNTY OF LASALLE,

Complainant,

v.

)

AC 94—93

)

(County No.

94—01)

)

(Administrative Citation)

MICHAEL

MROWICKI,

)

Respondent.

FACILITY: Double N Trucking

SITE CODE NO.: 0990300024

COUNTY: LaSalle

CIVIL PENALTY: $1500.00

DATE OF INSPECTION: August

31, 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 Indentification

Number (Fein)if a corporation, and sign this Remittance Form. Be

sure your check is enclosed and mail, along with Remittance Form,

to LaSalle County Department of Solid Waste Management,

119 West

Madison Street, Room 400, Ottawa, Illinois 61350