ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    1994
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    V.
    )
    AC 93—66
    )
    (IEPA No. 868-93—AC)
    ORVILLE BARTELS,
    )
    (Administrative Citation)
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a December 29,
    1993
    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 Orville Bartels on December
    29,
    1993.
    The Agency alleges that on November 3,
    1993, Orville
    Bartels, present owner and/or operator of a facility located in
    Cass County, and commonly
    known
    to the Agency as
    Chandlerville/Bartels, violated Section 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.
    Orville Bartels has not filed a Petition for Review with the
    Clerk of the Board within 35 days of the date of service as
    allowedby Section 31.1(d) (2) of the Act.
    Therefore, pursuant to
    Section 31. 1(d) (1), the Board finds that Orville Bartels has
    violated the provision 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 ~ena1tv has already been
    paid, within 30 days of the date of this order Orville Bartels
    shall, by certified check or money order payable to the State
    of Illinois and designated for deposit into the Environmental
    Protection Trust Fund, pay a penalty in the amount of $500.00
    which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL
    62706
    2
    2. Respondent shall include the remittance form and write the
    case name and number and their social security or federal
    Employer Identification Number on the certified check or money
    order.
    3. Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g) of the Illinois Environmental
    Protection Act.
    4. Payment of this penalty does not prevent future prosecution if
    the violation continues.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992) provides for appeal of final orders of the Board
    within 35 days.
    The Rules of the Supreme Court of Illinois
    establish filing requirements.
    (See also 35 Ill. Adm. Code
    101.246, Motions for Reconsideration.)
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution
    Control Board, hereby cert
    y that the above order was adopted on
    the
    /7~
    day of
    ,
    1994,
    by a vote of
    __________.
    ‘I~brothyM. G9$n,
    Clei?k
    Illinois Po~9(utionControl Board
    I
    RECEIVED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    DEC
    ADMINISTRATIVE CITATION
    ~TA1E
    OF
    LUNOIS
    ~POLLUiION
    CONTROL
    BOARD
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    AC
    /E~
    ‘~-‘~‘
    v.
    )
    (IEPA
    No.
    868—93—AC)
    )
    ORVILLE BARTELS,
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation
    is issued pursuant to authority vested
    in the
    Illinois
    Environmental Protection Agency by
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1031.1 (1991).
    FACTS
    1.
    That Respondent
    is the present owner and/or operator of a facility
    located in the County of Cass,
    State of Illinois.
    2.
    That said facility is an open dump,
    operating without an Illinois
    Environmental
    Protection Agency Operatina Permit, and designated with Site
    Code
    No. 0178090001.
    Said facility
    is commonly known to the Agency as
    Chandlervi 1 le/Bartels.
    3.
    That Respondent has owned and/or operated said facility at all
    times
    pertinent hereto.
    4.
    That on November
    3,
    1993, Charles King, 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.
    VI0LAT1ON~
    On
    the basis of direct observation of Charles King,
    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 November
    3,
    1993 an on—site inspection of said facility
    disclosed the
    following:
    (1)
    Causing or allowing
    litter (Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1021(p)(l)
    (1991) formerly
    lO2l(q)(l)).
    CIVIL PENALTY
    Pursuant to Ill.
    Rev.
    Stat.
    ch.
    111
    1/2, para.
    l042(b)(4)
    (1991),
    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 herein below,
    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
    February 4~1994
    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
    bf 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.
    £e.i
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1031.1
    (1991).
    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
    be
    —3—
    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.
    Mary A. ~de, Director
    Illinois Environmental Protection Agency
    Prepared by:
    Todd Rettig
    Illinois Environmental
    Protection Agency
    2200 Churchill
    Road
    P.O. Box
    19276
    Springfield,
    IL
    .62794—9276
    217/782—5544
    Date:/2-~7--95
    rlc/24l 2v,59—62
    —4-
    ~~E1VED
    REMITTANCE FORM
    DEC
    2 91993
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
    )
    STATFOHLL.NO31
    Complainant,
    )
    ~4ii~
    v.
    )
    EPA 868—93—AC
    )
    ORVILLE BARTELS,
    )
    )
    Respondent.
    )
    FACILITY:
    Chandlerville/Bartels
    SITE CODE NO.:
    0178090001
    COUNTY:
    Cass
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    November 3, 1993
    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.
    rlc/24l2v,63

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