ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 94—55
)
(EPA No. 365—94—AC)
(Administrative Citation)
RON FIJAL d/b/a RONY’S
GEAR
SERVICE,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the July 18,
1994
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 Ron Fijal d/b/a Rony’s Gear
Service (Ron Fijal) on July
15,
1994.
The Agency alleges that on
May 31,
1994, Ron Fijal, present owner and/or operator of a
facility located in Cook County and commonly known to the Agency
as Rony’s Gear Service, 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.
Ron Fijal 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 Ron Fijal 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 penalty has already been
paid, within 30 days of the date of this Order Ron Fijal
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:
Illinois Environmental Protection Agency
Fiscal Services Division
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
2
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 estab~1ish
filing requirements.
(See also 35
Ill.
Adm. Code 101.246,
Motions for Reconsideration.)
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Boa~rd hereby certify that the above order was adopted on the
~
day of
,
1994,
by a vote of
~
~
Dorothy M. G~3~n,Clerk
Illinois Pollution Control Board
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
QI/
Complainant,
)
________________
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 Cook,
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. 0311200008.
Said facility
Is commonly known to the Agency as Pony’s
Gear Service.
3.
That Respondent has owned and/or operated said facility at all
times
pertinent hereto.
4.
That on May
31,
1994,
TIna Kovasznay,
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.
RECEIVED~’
JUL
1
8
1994
STATE O~ILLINOIS
1POLWTIO~~CONTROL
BOARD
V
RON FIJAL d/b/a RONY’S GEAR SERVICE,
Respondent.
AC
)
(IEPA
No.
365—94—AC)
VIOLATIONS
On the basis of direct observation of Tina Kovasznay,
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 31,
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.
111
1/2,
para.
lO2l(p)(l).
CIVIL PENALTY
Pursuant
to 415 ILCS 5/42(b),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l042(b)(4), Respondent herein
is subject
to a civil
penalty of Five Hundred
Dollars ($500.00) for the violation specified above
in Paragraph A.
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.
If
you acknowledge
the violations
cited hereinabove,
the civil
penalty
specified above shall
be due and payable
no
later than
September.3, 1994
—2—
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 shalt
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.
~
415 ILCS
5/31.1,
1992;
111.
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.
~iTAire~~~
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:
7/341
kw/91 6w,87—90
—4—
________
JUL181994
REMITTANCE FORM
EOF~L~?I~0~RD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
)
4
-
—
~
~c’S\
EPA 365—94—AC
RON FIJAL d/b/a RONY’S GEAR SERVICE,
Respondent.
FACILITY:
Rony’s Gear Service
SITE CODE NO.:
0311200008
COUNTY:
Cook
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
May
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 Identification Number (FEIN)
if
a
corporation,
and sign this Remittance Form.
Be
sure your check
Is enclosed
and mall,
along with Remittance
Form,
to Illinois
Environmental Protection
Agency, Attn.:
Fiscal
ServIces,
2200 Churchill
Road,
P.O.
Box
19276,
Springfield.
Illinois
62794—9276.
kw/916w,9l