ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
AC 94—44
)
(IEPA No.
355—94—AC)
)
(Administrative Citation)
JOHN SVENDSEN,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a July
1,
1994
filing of an Administrative Citation pursuant to Section 311 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 Svendsen on July
6,
1994.
The Agency alleges that on May 12,
1994, John Svendsen,
present owner and/or operator of a facility located in Macon
County and commonly known to the Agency as Decatur/Svendsen,
violated Sections 21(p) (1)
and
21
(p) (3)
of the Act.
The
statutory penalty established for each of these violations is
$500.00 pursuant to Section 42(b)(4)
of the Act.
John Svendsen 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 Svendsen, has
violated the provisions alleged in the Administrative Citation.
Since there were two
(2)
such violations,
the total penalty to be
imposed is set at $1000.00.
1. It
is hereby ordered that, unless the penalty has already been
paid, within
30 days of the date of this order John Svendsen
shall,
by certified check or money order payable to the
Illinois Environmental Protection Trust Fund,
pay
a penalty in
the amount of $1000.00, which
is to be sent to:
Fiscal Services
Illinois Environmental Protection Agency
2200 Churchill Road,
P.
0.
Box 19276
Springfield, Illinois 62794—9276
2. 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 M.
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
~
Dorothy M.
Gi~in, Clerk
Illinois Pollution Control Board
REMITTANCE FORM
RECEIVED
JUL
-11994
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
SlATE OF ILLINOS
POLLU1ON
CONIROL
BOARD
Complalnant,
v.
)
EPA 355—94—AC
JOHN SVENDSEN,
)
)
Respondent.
)
FACILITY:
Decatur/Svendsen
SITE CODE NO.:
1150150111
COUNTY:
Macon
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
May 12,
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 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.
dl s/87lw/58
fl~ECEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JUL
—
1 1994
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
AC_________________
v.
)
(IEPA No.
355—94—AC)
JOHN SVENDSEN,
)
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.
111
1/2,
para.
1031.1.
FACTS
1.
That Respondent
is the present owner and/or operator of
a facility
located
in the County of Macon, 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.
1150150111.
Said facility
Is
commonly
known to
the Agency
as
Decatur/Svendsefl.
3.
That Respondent has owned and/or operated said facility
at
all
times
pertinent hereto.
4.
That on May
12.
1994,
Paul Mason, 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 Paul Mason,
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 May
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;
111.
Rev.
Stat.
ch.
111
1/2,
para.
l021(p)(1).
(2)
Causing or allowing open burning
in violation of 415 ILCS
512l(p)(3),
1992;
Ill.
Rev.
Stat.
ch.
lii
1/2,
para.
1021(p)(3).
CIVIL PENALTY
Pursuant
to 415 ILCS 5/42(b),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
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,
for
a
total
of One Thousand Dollars ($1,000.00).
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.
—2—
If you acknowledge the violations cited hereinabove,
the
civil
penalty
specified above
shall
be
due and payable
no later
than August 8,
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 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
Protection Agency and the Illinois Pollution Control
Board,
if
any,
the Attorney General’s Office will
seek to recover their costs of
litigation.
—3—
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
5~
415
ILCS
5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
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 with the Illinois Environmental
Protection Agency
at 2200 Churchill
Road, P.O. Box 19276, SpringfIeld,
Illinois 62794—9276, Attention:
Division of Legal
Counsel.
72’2~~
4.
(~j~
Mary A. GadL
Director
‘4
‘~‘~-.-
Illinois Environmental Protection Agency
Prepared
by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O.
Box
19276
Springfield,
IL
62794—9276
217/782—5544
Date:
June 29, 1994
dl s/871w/55—58
—4—