ILLINOIS POLLUTION CONTROL BOARD
September 15,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 94—64
(IEPA No.
382—94—AC)
)
(Administrative Citation)
JOHN HUNT,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an July 27,
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 John Hunt on August
2,
1994.
The Agency alleges that on June 3,
1994, John Hunt,
present owner andfor operator of a facility located in DeWitt
County and commonly known to the Agency as Clinton/Hunt, violated
Sections 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.
John Hunt 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 John Hunt, 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 John Hunt
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 M. Gunn, Clerk of the Illinois Pollution Control
BoarcL
hereby certify.that the above order was adopted on the
j~5
~-
day of
,
1994,
by a vote of
,
Clerk
.lution Control Board
CE~\1~t
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
271994
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
POLLUTION
CONTRO.. SO
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
AC
_________________
)
(IEPA No. 382—94—AC)
V.
JOHN HUNT,
)
Respondent.
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.
111½,
para.
1031.1.
FACTS
1.
That Respondent John Hunt
is the present owner and/or operator of
a facility located in the County of DeWitt,
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. 0398000003.
Said facility is
coniiionly known to the Agency as
Clinton/Hunt.
3.
That Respondent has owned and/or operated said facility at all
times pertinent hereto.
4.
That on June 3,
1994, William Walkenbach, of the Ilitnois
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 William Walkenbach, 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 June 3,
1994
an on-site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter
in violation of 415
ILCS 5/21(p) (1),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1021(p)(1).
CIVIL PENALTY
Pursuant to 415
ILCS 5/42(b)(4), 1992;
Ill.
Rev.
Stat.
ch.
111k,
para.
1042(b)(4),
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 Five Hundred Dollars ($500.00).
Additionally, should
Respondent elect to petition the Illinois Pollution Control Board under the
review process described hereinbelow,
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 6,
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
-2-
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.
~
415
ILCS 5/31.1,
1992;
Ill. Rev. Stat.
ch.
111½,
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 Enyironmental Protection Agency.
—3—
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.
224
A.
6?~J~
Mary A~”~’~e,
Director
,~
~
Illinois Environmental Protection Agency
Prepared
by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield,
Illinois
62794—9276
(217)782-5544
Date:
__________________
80:clw\Cpen
-4-
RECEIVED
REMITTANCE FORM
JUL 271994
STATE
OF
ILLINOIS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
~OLLUTION
CONTROL BOAR
)
Complainant,
)
/
v.
)
EPA 382-94-AC
)
JOHN HUNT,
)
)
Respondent.
)
FACILITY:
Clinton/Hunt
SITE CODE NO.:
0398000003
COUNTY:
DeWitt
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
June
3,
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.
—5—