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

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