ILLINOIS POLLUTION CONTROL BOARD
February
3,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 93—64
)
(IEPA Docket No.
826-93-AC)
OTTO L.
I4YLES,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a December 9,
1993
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 Otto Myles on December 9,
1993.
The Agency alleges that on October 12,
1993, Otto Nyles,
present owner and/or operator of a facility located in Clark
County, and commonly known to the Agency as Clarksville/Myles,
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.
Otto Myles 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 Otto Nyles has violated
each and every 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 Otto Myles
shall, by certified check or money order payable to the State
of Illinois and designated for deposit into the 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.O. Box 19276
Springfield,
IL 62794—9276
2
2. Respondent shall include the remittance form and write the
case name and number and their social security or federal
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
this violation continues.
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.)
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board,~hereby certif
that the above order was adopted on the
-~71
-~--‘
day of
,
1994, by a vote of
/
/
Dorothy M.(~unn,Clerk
Illinois P&llution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
DEC
-
91993
.
:~)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
AC___________________
v,
)
(IEPA
No. 826-93—AC
)
OTTO
L.
MYLES,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation ~sIssued pursuant to authority vested
in the
Illinois Environmental Protection Agency
by Ill.
Rev.
Stat,
ch.
111
1/2,
para.
1031.1
(1991).
FACTS
1.
That Respondent
is
the present owner and/or operator of a facility
located
in
the County of Clark,
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. 0238040001.
Said facility
Is commonly known to the Agency
as
Clarksvi
1 le/Myles.
3.
That Respondent has owned and/or operated said facility
at
all
times
pertinent hereto.
4.
That on October
12,
1993,
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 October
12,
1993 an on—site inspection of said facility
disclosed the following:
(1)
Causing or allowing
litter
(Ill.
Rev.
Stat.
ch.
111
1/2,
para.
lO2l(p)(l)
(1991)
formerly
l021(q)(1)).
(2)
Causing or allowing open burning
(Ill.
Rev.
Stat.
ch.
111
1/2,
para.
lO2l(p)(3)
(1991) formerly
1O21(q)(3)).
CIVIL PENALTY
Pursuant
to
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l042(b)(4)
(1991),
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.
If you acknowledge
the violations
cited hereinabove,
the civil
penalty
specified above
shall
be due and payable
no
later than
January
14,
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.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have
the right
to contest this Administrative Citation. 5~Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1031.1
(1991).
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.
Mary A~”~e,Director
43”
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:
Jo2~-
93
psj ,2270v.,65—68
RECEIVED
REMITTANCE FORM
DEC
•9
1993
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
STATEOFILLINOIS
)
POLLUTION
CONTROL
BOARD
Complainant,
)
4
V.
) ~~Z’~6—93—AC
)
OTTO
L. MYLES,
)
)
Respondent.
)
FACILITY:
Clarksville/P4yles
SITE CODE NO.:
0238040001
COUNTY:
Clark
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
October 12,
1993
DATE REMITTED:
_________________________
SSIFEIN 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.
psj,2270v ,69