ILLINOIS POLLUTION CONTROL BOARD

September 15,

1994

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

)

 AC 94—65

)

 (IEPA No.

 398—94-AC)

)

 (Administrative Citation)

THOMAS J. MARTIN,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon an August 4,

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 Thomas J. Martin on August

1,

 1994.

 The Agency alleges that on June 7,

 1994,

 Thomas J.

Martin, present owner and/or operator of a facility located in

Champaign County and commonly known to the Agency as

Champaign/Hunt, violated Sections 21(p) (1) and 21

 (p) (4)

 of the

Act.

 The statutory penalty established for each violations is

$500.00 pursuant to Section 42(b)(4) of the Act.

Thomas J. Martin 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 Thomas J. Martin, has

violated the provisions 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 Thomas J.

Martin 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:

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.

 Adin.

 Code 101.246,

Motions for Reconsideration.)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Boar4~hereby certify~tha~theabove order was adopted on the

~

 day of

 1994,

 by a vote of

C).

•1

/~‘

_~_7~j

Dorothy M. ,‘~unn, Clerk

Illinois P~illutionControl Board

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

AUG

1994

ADMINISTRATIVE CITATION

kOLLUTION

O~LLI:~O~S

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

AC

_____________

)

 (IEPA No.

 398-94-AC)

V.

THOMAS

 J. MARTIN d/b/a MARTIN WASTE,

)

Respondent.

)

JURISDICTION

This Administrative Citation

 is issued pursuant

 to authority vested

in

the Illinois Environmental

 Protection Agency by 415

 ILCS 5/31.1,

 1992;

 Iii.

Rev.

 Stat.

ch.

 111½,

 para.

 1031.1.

FACTS

1.

 That Respondent Thomas

J.

 Martin is the present owner and/or

operator of a facility located in the County of Champaign,

 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.

 0190100062.

 Said facility is

 corriiionly known

 to the Agency as

Champaign/Martin.

3.

 That Respondent has operated said facility at all

 times pertinent

hereto.

4.

 That on June

7,

 1994,

 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 June 7,

 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).

(2)

 Causing or allowing the deposition of waste

 in standing or flowing

waters

 in violation of 415

 ILCS 5/21(p)(4),

 1992;

 Ill.

 Rev.

 Stat.

ch.

 111½,

 para.

 1021(p)(4).

CIVIL PENALTY

Pursuant to 415

 ILCS 5/42(b)(4),

 1992;

 Ill.

 Rev.

 Stat.

ch.

 111½,

 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 One Thousand Dollars

 ($1,000.00).

 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 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 September 10,

1994

If you do not petition the Illinois Pollution Control

 Board for review of this

-2-

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.

~

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

—3-

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 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.

7V1~S~

6oJ~L

 Mary

 A. Gá~e,Director

Illinois Environmental

 Protec ion Agency

Prepared

by:

 Todd Rettig

Illinois Environmental

Protection Agency

2200 Churchill Road

P.O.

 Box 19276

Springfield,

 Illinois

 62794-9276

(217) 782—5544

Date:

7—fl-

BO:

ci w\Open

—4-

REMITTANCE

FORM

RECEIVED

AUG

041994

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

)

jPOLLUTiONCQNT~OL~oAr~r-

Complainant,

)

,4~.

C;;~c/’.~~::,c

v.

)

EPA

398-94-AC

)

THOMAS

MARTIN

d/b/a

MARTIN

WASTE,

)

Respondent.

)

FACILITY:

 Champaign/Martin

 SITE CODE NO.:

0190100062

COUNTY:

 Champaign

 CIVIL

 PENALTY:

 $1,000.00

DATE OF INSPECTION:

 June

7,

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—