ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 94—62
(IEPA No.
363-94—AC)
(Administrative Citation)
WESLEY SIMPSON,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a July 20,
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 Wesley Simpson on July 8,
1994.
The Agency alleges that on May 23,
1994, Wesley Simpson,
present owner and/or operator of
a facility located in Peoria
County and commonly known to the Agency as Rosefield
Township/Wesley Simpson Property, violated Sections 21(p) (1)
of
the Act.
The statutory penalty established for this of these
violations
is $500.00 pursuant to Section 42(b)(4)
of the Act.
Wesley Simpson 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 Wesley Simpson, has
violated the provisions 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 Wesley Simpson
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:
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 N. Gunn,
Clerk of the Illinois Pollution Control
Board,, hereby certify that the above order was adopted on the
/‘~
day of
~7?~~_’
,
1994, by a vote of
~7~)
.
Dorothy M. G~nn,Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD1—
RECEIVED
ADMINISTRATIVE CITATION
JUL
2 01994
STATE OF ILLINO~S
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
POLLUTION C0NT~?OLBOAPD
Complainant,
)
AC_______________
V.
)
(IEPA
No.
363—94—AC)
WESLEY
SIMPSON,
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant
to authority vested
in the
Illinois Environmental Protection Agency
by 415
ILCS 5/31.1,
1992;
111.
Rev.
Stat.
ch.
lii
1/2,
para.
1031.1.
FACTS
1.
That Respondent
Is the present owner and/or operator of a facility
located
in the County of Peoria, State of Illinois.
2.
That said facility
is
an open dump, operating without
an Il1inoi~
Environmental Protection
Agency Operating Permit, and designated with Site
Code No.
1438160007.
Said facility
is commonly
known to the Agency
as
Rosefield Township/Wes Simpson Property.
3.
That Respondent has owned and/or operated said facility at
all
times
pertinent hereto.
4.
That on May 23,
1994, Eugene
Figge,
of the Illinois Environmental
Protection Agency,
inspected the above described facility.
A copy of the
inspection report setting forth the results of
such inspection l~attached
hereto and made
a part hereof.
VIOLATIONS
On the basis of direct observation of Eugene Figge,
the
Illinois
Environmental
Protection Agency has determihed that Respondent has caused or
allowed op-en~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;
111.
Rev.
Stat.
ch.
ill
1/2,
para.
l02l(p)(l).
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
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
August 26,
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.
2
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 Attdrney 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.
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
3
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 62~94—9276,Attention:
Division of Legal Counsel.
Mary A. Gad~’, Director
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:
July 6,
1994
rmi/931w/sp,
1—4
4
JUL
2 ~ 1994
REMITTANCE
FORM
I
STATE OF ILLINOIS
I~PLLUTION
CONTPOL BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Comp 1 a i nant,
)
—
v.
)
EPA 363—94—AC
)
WESLEY SIMPSON,
)
)
Respondent.
)
FACILITY:
Rosefleld Twp./Wes Simpson Property
SITE CODE NO.:
1438160007
COUNTY:
Peoria
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
May 23,
1994
DATE REMITTED:
_________________________
SS/FEIt4 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.
rmi/931w/sp,
5