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—

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