ILLINOIS POLLUTION CONTROL BOARD
September 15,
1994
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 94—67
)
(IEPA No.
396—94-AC)
(Administrative Citation)
KIRK DANA,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an August
8,
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 Kirk Dana on August
3,
1994.
The Agency alleges that on June 13,
1994, Kirk Dana,
present
owner
and/or operator of a facility located in Henry
County and commonly known to the Agency as Kewanee/KC
Enterprises, violated Sections 21(p)(l)
of the Act.
The
statutory penalty established for this violation is $500.00
pursuant to Section 42(b) (4)
of the Act.
Kirk Dana 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 Kirk Dana,
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 Kirk Dana
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
Board, hereby certif~that~theabove order was adopted on the
/~5~
day of
,
1994, by a vote of
_______
.1
(/
~
,~
Dorothy N.
G,~in, Clerk
Illinois Pol4ution Control Board
~7:CEIVED
AUG
081994
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
O
LUNO~S
i~C)NC()NTROL ~
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
AC
7
(IEPA No.396-94’-AC)
VS
)
KIRK DANA
)
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.
111k, para.
1031.1.
FACTS
1.
That Respondent Kirk Dana
is the present owner and/or operator of
a facility located in the County of Henry, 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. 0730650025.
Said facility is conronly known to the Agency as
Kewanee/KC Enterpri ses..
3.
That Respondent has owned and/or operated said facility at all
times pertinent hereto.
4.
That on June
13,
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 is attached
hereto and made a part
hereof.
VIOLATIONS
On the basis of direct observation of Eugene Figge, 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
13,
1994 an an-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.
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 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 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 August 16, 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 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. j~415
ILCS 5/31.1,
1992;
111. 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 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
-3—
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.
A.
Mary A.
ade, 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:
~~O2~TI?t
Bthclw\Open
-4-
r~J~EIVED
REMITTANCE FORM
/
MUG
08
1994
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
)
~
~~___~7
v.
)
EPA 396-94—AC
)
KIRK DANA,
)
)
Respondent.
)
FACILITY:
Kewanee/KC Enterprises
SITE CODE NO.:
0730650025
COUNTY:
Henry
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
June 13,
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—