ILLINOIS POLLUTION CONTROL BOARD

August 11,

1994

SANGANON

COUNTY,

Complainant,

v.

)

AC

94—36

(SCDPH—94—AC—l2)

(Administrative

Citation)

EDWARD COMBS,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon the June 10,

1994

filing of a Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by Sangamon

County.

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 Edward Combs

on June

9,

1994.

Sangamon County alleges that on Nay 20,

1994,

Edward Combs,

present owner and/or operator of a facility located

in Sangamon County and commonly known to the County as

Loami/Combs, violated Sections 21(p) (1)

and 21(p) (3)

of the Act.

The statutory penalty established for each violation is $500.00

pursuant to Section 42(b)(4)

of the Act.

Edward Combs 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 Edward Combs 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 penalty has already been

paid, within

30 days of the date of this Order Edward Combs

shall, by certified check or money order payable to the

Sangainon County Department of Public Health, pay a penalty in

the amount of $1,000.00,

which is to be sent to:

James

D.

Stone, Director

Sangamon County Department of Public Health

200 South Ninth Street, Room 301

Springfield,

Illinois 62701

2.

Respondent shall include the remittance form and write the

case name and number and his social security or federal

Employer Identification Numbers on the certified check or

money order.

---

2

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.

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.)

IT IS SO ORDERED.

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board

hereby certify th~tthe above order was adopted on the

t/~

day of

,

1994,

by a vote of

/~,

Dorothy M. G~in, Clerk

Illinois Po~ZLutionControl Board

---

BEFORE

THE

ILLINOIS POLLUTION

CONTROL

BO

ADMINISTRATIVE. CITATION

SANGAMON

COUNTY,

Complainant,

)

AC

Administrative

Citation

-vs-

)

SCDPH-94-AC-12

)

EDWARD

COMBS,

)

)

Respondent.

JURISDICTION

This

Administrative

Citation

is

issued

pursuant

to authority vested

in

the

Illinois

Environmental

Protection

Agency by

415

ILCS

5/31.1

(1993), and

delegated to

Sangamon

County

pursuant

to

415

ILCS 5/4

(r) (1993).

FACTS

1.

That the Respondent, Edward Combs,

is the present owner and operator of a facility

located

in

the

County of Sangarnon,

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.

1678150002.

Said

facility

is commonly

known

to

the Agency

as

Loami/Combs.

3.

That the Respondent, Edward

Combs,

has

owned

and

operated

said

facility at

all

times

pertinent

hereto.

4.

That on May 20,

1994, Jerry Ferguson, a Solid

Waste Specialist with the Sangamon

County

Department of Public

Health,

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 ofthe direct observations ofJerry Ferguson,

Sangamon County has determined

that

the

Respondent has caused or allowed open

dumping at the above-described

facility in

a

manner

which

resulted

in

the following occurrences:

A.

That

on

May 20,

1994,

an

on-site

inspection of said

facility disclosed the

following:

Causing or

allowing litter

(415

ILCS

5/21

(p)

(1)

(1993)); and

Causing or allowing open burning (415

ILCS

5/21

(p)

(3)

(1993)).

CIVIL

PENALTY

Pursuant

to

415

ILCS

5/42

(b) (4)

(1993),

the Respondent herein

is

subject to a

civil

penalty of five hundred dollars

($500.00)

for each violation specified above

in Paragraph A and

subpaparagraphs hereunder, for a total of $1,000.00.

Additionally, should

the 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,

the

Respondent shall

be

assessed the associated

hearing

costs

incurred by

Sangamon County

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 theviolations cited hereinabove, thecivil penalty specified aboveshall

be

due

and

payable

no

later than

thirty

five

(35)

days

from

the date of service of this

Administrative

Citation.

If you

do

not petition

the Illinois

Pollution

Control

Board

for review

of this

Administrative

Citation within the thirty

five

(35)

days,

or

if you

elect

to

contest this

Administrative

Citation, any judgment

rendered

against you

shall

specify the due

date

of the

statuatory

civil

penalty

and

any

costs

assessed against

you.

---

When payment

is

made,

your check

should

be

made payable

to

the Sangamon

County

Department of Public Health and mailed to

the attention of James

D. Stone,

Director, 200 South

Ninth

Street,

Room

301,

Springfield,

Illinois,

62701.

Also,

please complete

and

return the

enclosed Remittance

Form

to

assure proper

documentation of your 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

shall

be assessed

for the period

from the

date payment

was

due

until

the

date payment

was

received,

if any

civil

penalty,

by

reason of

acknowledgement,

default, or

finding after

adjudicatory hearing,

is

not

paid when due,

either

the Office

of the Illinois

Attorney General or the Office of the Sangamon County

State’s

Attorney 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 Sangamon

County

and

the

Illinois Pollution

Control Board,

if any,

either the Attorney General’s Office or

the

State’s Attorney’s

Office shall seek

to

recover their costs

of litigation.

PROCEDURE

FOR

CONTESTING TifiS

ADMINISTRATIVE

CITATION

You have

the right

to

contest this

Administrative

Citation.

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 Sangamon

County

Department of Public Health.

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

must

be

filed with

the Clerk

of the Illinois

Pollution

Control

Board

at the State of Illinois Center,

100 West Randolph Street,

---

Suite

11-500.

Chicago,

Illinois,

60601,

and

a

copy of said

Petition

for Review filed

with

the

Sangamon County Department of Public Health. 200 South Ninth Street, Room 301, Springfield,

Illinois,

62701.

The procedure for filing

a Petition for Review can be found in 415

ILCS 5/31.1

(1993), and

Part

101

of Title

35 of the

Illinois

Administrative

Code.

Date:

______________

James

D.

Stone,

Director

SANGAMON COUNTY

DEPARTMENT OF

PUBLIC

HEALTH

BY:

Mi

Robert L.

Smith

Prepared

by:

Robert

L.

Smith

Assistant

State’s Attorney

Sangamon

County

State’s Attorney’s Office

200 South

Ninth

Street,

Room

402

Springfield,

IL

62701

(217) 753-6690

JDS IRLS/AA/BW/JF:

vah

---

r~

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL BOA4D

1994

ADMINISTRATIVE

CITATION

COUNTY,

Complainant,

)

-vs-

)

Administrative

Citation

)

SCDPH-94-AC-12

LOAMIJCOMBS,

)

)

Respondent.

)

AFFIDAVIT

Affiant,

Jerry Ferguson,

being

first

duly

sworn,

voluntarily deposes and

states as

follows:

1.

Affiant

is

a

Solid Waste Inspector

employed

by

the Sangamon County

Department of Public Health and

certified

by

the

Illinois

Environmental

Protection

Agency,

and has been so employed

and

certified at all

times

pertinent hereto.

2.

On May 20,

1994,

between 3:45

p.m.

and 4:15

p.m.,

Affiant conducted

an

inspection of an open

dump owned

and

operated

by

Edward

Combs,

located

in

Sangamon County,

Illinois,

and

known as Loami/Combs.

Said

site has been

assigned

Site Code No.

1678150002.

3.

Affiant

inspected

said

facility

by

an

on-site inspection

which

included

walking and

photographing the

site.

4.

As

a

result of the material

actions

referred to

in

Paragraph

3 above,

Affiant

completed the

inspection

report form

attached

hereto and

made a part

hereof, which,

to

the

best

of Affiant’s

knowledge and

belief,

is

an

accurate

representation of Affiant’s

observations

and

factual

conclusions

with

respect to

said

facility.

---

~~j14~

Was~Specia~”

angamon County

Department of Public

Health

Subscribed

and

sworn to

before me

this

8th

day of June

94.

JF:vah

OFFICIAL

SEAL

‘~

VALER1EA

EDGEPATH

4’

•~t4OTARY

PUBLIC, STATE

OFLIUNOIS

4.

X

MV COMMISSiON EXPIRES 12-17.96

X

---

SANGAMON

COUNTY

)

Complainant,

)

AC

)

Adminsitrative Citation

-vs..

)

SCDPH-.94-AC-12

)

EDWARD

COMBS,

)

)

Respondent.

)

FACILITY:

LOAMI/COMBS

SiTE

CODE:

COUNTY:

SANGAMON

CIVIL PENALTY:

$1,000.00

DATE OF INSPECTION:

May 20,

1994

DATE REMITTED:

___________________

S.S.#/F.E.I.N.:

__________________________

SIGNATURE:

____________________

NOTE

Please enter

the

date of your remittance,

your social

security

number (S.S.#)

if an

individual,

or

your

Federal

Employer

Identification

Number

(F.E.I.N.)

if

a

corporation,

and

sign

this

Remittance

Form.

Be

sure that

your check

is

enclosed

and

mail

with

this

form

to

James

D.

Stone,

Director, Sangamon County Department of Public Health, 200 South Ninth

Street, Room

301,

Springfield,

Illinois,

62701.

JDS:vh