ILLINOIS POLLUTION CONTROL BOARD

September

1,

1994

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

 AC 94—57

(IEPA No.

 364—94—AC)

(Administrative Citation)

JOSEPH POWELL and

)

DELLA POWELL,

)

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 Joseph Powell and Della

Powell on July 15,

 1994.

 The Agency alleges that on May 23,

1994,

 Joseph Powell and Della Powell, present owners and/or

operators of

 a facility located

 in Menard County and commonly

known to the Agency as Sweetwater Powell, violated Sections

21(p) (1)

 and 21(p) (3)

 of the Act.

 The statutory penalty

established for each violation is $500.00 pursuant to Section

42(b) (4)

 of the Act.

Joseph Powell and Della Powell have 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 Joseph

Powell and Della Powell have violated the provision alleged in

the Administrative Citation.

 Since there are two

 (2) such

violations, the total penalty to be imposed is set at $1,000.00.

1.

 It is hereby ordered that,

 unless the ~enaltv has already been

paid, within

 30 days of the date of this Order Joseph Powell

and Della Powell shall,

 by certified check or money order

payable to the Illinois Environmental Protection Trust

 Fund,

pay a penalty in the amount of $1,000.00, 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

2. Respondents shall include the remittance form and write the

case name and number and their social security or federal

Employer Identification Numbers 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,

Notions for Reconsideration.)

I, Dorothy N.

 Gunn,

 Clerk of the Illinois Pollution Control

Boar~,,.hereby certify that the above order was adopted on the

,/~—

 day of

~477

-97.~

~_-

 1994, by a vote of

Dorothy

 M. Q~nn,Clerk

Illinois Porlution Control Board

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUL

1994

ADMINISTRATIVE CITATION

 STATE OF IWNO!S

POLLU’~ON

 CQ~’JTPOL

BOARD

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

 AC________________

v.

)

 (IEPA

 No. 364—94—AC)

)

JOSEPH

C.

 POWELL and DELLA

I.

 POWELL,

)

)

Respondents.

)

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 Respondents are

 the present owner and/or operator of

 a facility

located

in

 the County of Menard, 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.

 1298610001.

 Said facility

 is commonly known to the Agency

as

Sweetwater Powell.

3.

 That Respondents have owned and/or operated

 said facility

at

all

times pertinent hereto.

4.

 That on May 23,

 1994,

 Charles King,

 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.

Page 2

VIOLATIONS

On

 the basis of direct observation of Charles

 King,

 the Illinois

Environmental

 Protection Agency has determined that Respondents have caused or

allowed open dumping at the above described facility

 In a manner which

resulted

in

 the following occurrences:

A.

 That on May

23,

1994

 an on—site Inspection of

 said facility disclosed

the following:

(1)

 Causing or allowing litter

 in violation of 415 ILCS 5/21(p)(l),

1992;

 Ill.

 Rev.

 Stat.

ch.

111

 1/2,

 para.

 102l(p)(l).

(2)

 Causing or allowing open burning in violation of 415 ILCS

5/21(p)(3),

 1992;

 Ill.

 Rev.

 Stat.

ch.

ill

 1/2,

 para.

 102l(p)(3).

CIVIL PENALTY

Pursuant

 to 415 ILCS

 5/42(b),

 1992;

 Ill.

 Rev.

 Stat.

ch.

111

 1/2,

 para.

l042(b)(4), Respondents herein are 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 Respondents

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, Respondents 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.

Page 3

If you acknowledge

 the violations cited hereinabove,

 the civil

 penalty

specified above

 shall

 be due and payable no later than

 August 29,

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

 payme.nt

 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.

Page

4

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation.

 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 Nest 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.

~

Prepared

by:

 Todd Rettig

Illinois Environmental

Protection Agency

2200 ChurchIll

 Road

P.O.

 Box 19276

Springfield,

IL

 62794—9276

217/782—5544

Date:______________________

ct,929w,l2—l5

REMITTANCE_FORM

RECEIVED

JUL

1994

 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

)

 STATE OF LLINO~S

Complainant,

POLLUTION

CONTROL

BOARD

)

EPA

364—94—AC

JOSEPH

POWELL

and

DELLA

POWELL,

Respondents.

FACILITY:

 Sweetwater/Powell

 SITE CODE NO.:

1298610001

COUNTY:

Menard

CIVIL

PENALTY:

$1,000.00

DATE OF INSPECTION:

 May 23, 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.

ct,929w, 16