ILLINOIS POLLUTION CONTROL BOARD
August
11,
1994
JACKSON COUNTY,
)
Complainant,
)
v.
)
AC 94—35
(Administrative Citation)
JAMES QUALLS,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 10,
1994
filing of an Administrative Citation pursuant to Section 311 of
the Illinois Environmental Protection Act
(Act)
by Jackson
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 James Quails
on June 13,
1994.
Jackson County alleges that on Nay 11,
1994,
James Quails, present owner and/or operator of a facility located
in Jackson County and commonly known to the County as Campbell
Hill/James Quails tire site, violated Sections 21(p)(i),
21(p)(2), 21(p)(3),
21(p)(4) and 2l(p)(5)of the Act.
The
statutory penalty established for each violation is $500.00
pursuant to Section 42(b) (4)
of the Act.
James Quails 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 James Qualls has
violated the provision alleged in
the Administrative Citation.
Since there are five
(5) such violations,
the total penalty to be
imposed is set at $2,500.00.
1.
It is hereby ordered that, unless the penalty has already been
paid, within
30 days of the date of this order James Qualis
shall,
by certified check or money Order payable to the
Jackson County Treasurer, pay
a penalty in the amount of
$2,500.00, which is to be sent to:
Shirley Booker
Jackson County Treasurer’s Office
p.
0. Box 430
Jackson County Courthouse
Nurphysboro, Illinois 62966
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
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. Adm. Code 101.246,
Notions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Boar~,hereby certify
hat the above order was adopted on the
/7~!-
day of
-t~~-.~-i-
,
1994,
by a vote of
/2
Dorothy N.
9,dnn,
Clerk
Illinois Pq~ZlutionControl Board
JECETV~31
BEFORE THE ILLINOIS pOLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
JUN
1 01994
S~Aft
~T)~
LLI\IQ;3
POLL
TK)N CON1I?C~BCAPD
COUNTY
OF
JACKSON,
Complainant,
v.
)
AC
94-~_)
)
JAMES
QUALLS,
)
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to authority
vested in the Illinois Environmental Protection Agency by 415 ILCS
5/1 et.
seq.
(1992), specifically 415 ILCS 5/31.1.
PACTS
1. The Respondent is the present
owner
and/or operator of
a
facility located in the County of Jackson, State of Illinois.
2. The facility is an open dump, operating without an Illinois
Environmental Protection Agency Operating Permit,
and designated
with the Site Code
#
0778000004.
The facility
is known to the
Agency as the Campbell Hill/James Quails tire site.
3. The Respondent has owned and/or operated the facility at
all relevant times hereto.
4.
The Respondent was once before
issued an Administrative
Citation by the County of Jackson for the Illinois Environmental
Protection Agency.
That Citation was docketed by this Board as AC
91—36 and the Order was entered August 22,
1991.
It resulted in a
$1,500.00 fine that the Respondent has
since paid.
The Citation
was also issued under the same previously mentioned Site Code.
5.
The Respondent’s failure to clean-up the facility,
led to
a lawsuit in the Jackson County Circuit Court, docket number 92-CH-
23,
in an effort to force the Respondent to clean the site up.
As
of May 25,
1994 the site has not been cleaned-up.
6.
Since the last Administrative Citation, the Respondent has
accumulated additional debris,
trash, waste,
white goods,
tires,
and other waste products on the site.
The present Administrative
Citation is meant to address the additional debris,
trash, waste,
white goods, tires, and other waste products that have accumulated
since the last Citation proceeding.
7. On Nay 11, 1994, George Browning, Field Inspector, Jackson
County Health Department,
inspected
the
facility.
A
true and
correct copy of the inspection report,
along with Mr. Browning’s
affidavit,
are attached and incorporated herein by reference as
Exhibit A.
VIOLATIONS
On the
basis
of
Field
Inspector,
George Browning,’s direct
observation, he has determined that the Respondent has caused or
allowed open dumping at the above described facility in a manner
that resulted in the following violations:
That on May
11,
1994 an on-site
inspection of the facility
disclosed the following:
1. The Respondent has caused or allowed litter to be collected
or dumped at the facility in violation of 415 ILCS 5/21
(p) (1).
2
2.
The
Respondent
has
caused
or
allowed
a
scavenging
operation
in
violation
of
415
ILCS
5/21
(p) (2).
3.
The
Respondent
has
caused
or
allowed
open
burning
on
the
facility
in
violation
of
415
ILCS
5/21
(p) (3).
4.
The
Respondent
has
caused
or
allowed
the
deposit
of
waste
in
standing
or
flowing
waters
in
violation
of
415
ILCS
5/21
(p)4).
5.
The Respondent
has
allowed
or
caused proliferation
of
disease vectors in violation of 415 ILCS 5/21
(p) (5).
CIVIL PENALTY
In
accordance
with
415
ILCS
5/42
(b) (4),
the
Respondent
is
subject
to
a
civil
penalty
of $500.00 for each violation specified
above
in paragraphs
1
—
5.
This
is
total
of
$2,500.00
for
this
Citation.
Additionally,
should the Respondent elect to petition
the
Illinois
Pollution Control
Board
under
the
review
process
described
below,
after
an
adjudicatory
hearing,
the Respondent
shall
be
assessed the hearing
costs
incurred by
the
Pollution
Control
Board.
The hearing
cost would
be
in
addition
to
the
$2,500.00 fine.
If you acknowledge the violations cited hereinabove, the civil
penalty shall be due and payable no later than August 31, 1994.
If
you do not petition the Pollution Control Board for review of the
Administrative
Citation
within
35
days
of
service
of
the
Administrative Citation, or contest the Citation, any judgment that
may be rendered against you shall specify the due date of the civil
fine any the additional costs assessed against you.
3
When
payment
is made, your check should be made payable to the
Jackson County’s Treasurer Office and mailed to the attention of
Shirley Booker,
Jackson County Treasurer,
Murphysboro,
Illinois.
Also,
please
complete and return
the enclosed remittance
form,
along with your payment, to assure proper credit.
If any civil penalty is not paid within the prescribed time,
the law allows for the accumulation and payment of interest on the
remaining unpaid balance.
If
any civil penalty
is not paid when
due,
the Office
of
the
State’s
Attorney
shall
be
requested to
initiate proceedings in Circuit Court to collect the penalty.
In
addition to the civil penalty, hearing costs, and interest, if any,
the Jackson County State’s Attorney may seek to recover their costs
of litigation.
PROCEDURE POR CONTESTING THIS ADMINISTRATIVE CITATION
You have the right to contest this Citation, pursuant to 415
ILCS 5/31.1.
If you elect to contest this Citation, you must file
a Petition For Review with
the
Clerk
of the Illinois Pollution
Control Board.
A copy of the Petition For Review shall be filed
with Daniel Brenner,
Assistant State’s
Attorney,
Jackson
County
Courthouse,
Murphysboro,
Ii 62966.
Your Petition For Review must
be
filed
within
35
days
of
the date
of
service
of the present
citation on
you.
If you
fail
to
file your Petition,
a Defa~~
Order against you will entered bY the Pollution
Control Board.
4
The Petition may be filed with the Clerk of the Board at:
Clerk
Pollution
Control
Board
100
West
Randolph,
Suite
11—500
Chicago, Illinois 60601
A copy must also be sent to:
Office of the State’s Attorney
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse
Nurphysboro,
Il 62966
DATED:
,
1994
Daniel Brenner
Assistant State’s Attorney
5
REMITTANCE
FORM
COUNTY
OF
JACKSON,
)
)
Complainant,
)
V.
)
~NO~i.
EPA
AC
~
)
JAMES
QUALLS,
)
)
Respondent.
FACILITY:
CAMPBELL
HILL/QUALLS
TIRE
SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
NAY
11,
1994
SITE CODE:
0778000004
CIVIL
PENALTY:
$2,500.00
Date
Remitted
_________________________
SS/FEIN
#
________________________
Signature
NOTE
Please include the information on the blank lines.
Mail this
form with your check to:
Illinois
Environmental
Protection
Agency
Attn. Fiscal Services
2200 Churchill Road
P.O. Box 19276
Springfield,
Ii 62794—9276
6