ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
SANGAMON
COUNTY,
)
)
Complainant,
)
v.
)
AC 94—2
(SCDPH—93—AC—14)
)
(Administrative Citation)
LILLIE MORELAND,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a January 4,
1994
filing of an 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 Lillie
Moreland on January 3,
1994.
Sangamon County alleges that on
November 23,
1993, Lillie Moreland, present owner and/or operator
of a facility located in Sangamon County and commonly known to
the Agency as Springfield Township/Moreland, violated Sections
21(p) (1) and 21(p) (3) of the Act.
The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4)
of the Act.
Lillie Moreland 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 Lillie Moreland, has
violated the~provisionsalleged 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 Lillie Moreland
shall, by certified check or money order payable to the
Sangamon County Public Health Department, pay a penalty in the
amount of $1,000.00, which is to be sent to:
James D. Stone
Director of Public Health
Sangamon County Department of Public Health
200 South Ninth Street
-
Room 301
Springfield, Illinois 62701
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.
Adin. Code 101.246,
Motions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Boa ~~ereby
cert
that the above order was adopted on the
_______
day of
,
1994, by a vote of
~
~1
~Dorothy
M. ,~inn, Clerk
Illinois P~JlutionControl Board
___
RECEIVED
~ucE
~E
IILIrflIS
RW7flc1~
~XNfl~L B~RP
A11b1INIS~1wrIvEcITATI~1
JAN
41994
)
f
STATE OF IWNOIS
)
~
~~_~J~OLLU1ION
CONTROL BOARD
caiplainant,
)
~
kIniiaistrative
citation
—~
)
SaWH-93--~C—1
4
)
TXTLTP~
MEELAND,
)
)
Respc:u3Emt.
)
auR’aicna~
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
Sanganon
County pursuant
to
415 IICS 5/4
(r)
(1993)
FPL~S
1.
That
the
Respondent,
Lillie
?~‘bre1and,
is the
present
c~zner, and
of a facility
located
in the
County
of Sanganon, State of Illinois.
2.
That
said
facility is an open
di.inp,
operating
without
an lUinois
Environmental
Protection
Agency
Operating
Permit,
and
designated
with
Site
Coca
No.
1678220071
•
Said
facility
is
cx~mronlv known
to
the
Agency
as
springfield
~p.
/M~re1aM.
3.
That
the
Respondent,
Lille
Moreland,
has
owned
said
facility
at
all
times
pertinent
hereto.
4.
That
on
Novánber
23,
1993,
Allen
Alexander,
Waste
~Manag~IEnt
Specialist
with
the
Sanganai
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.
VIOIATI~~S
On
the
basis
of
the
direct
observations
of
Allen
Alexander,
Sanganon
county
has
determined
that
the
Respondent
has
caused
or
allowed
open
dumping
at
the
above
described
facility
in
a
maimer
which
resulted
in
the
fol”wing
occurrences:
A.
That
on
November
23,
1993,
an
on-site
inspection
of
said
facility
disclosed the
following:
x
Causing
or allowing litter (415 ILCS 5/21
(p)
(1)
(1993)).
_____
Causing
or
allowing
scavenging
operations
(415 ICS
5/21
(p)
(2)
(1993).
x
Causing
or
allowing
open
burning
(415
ILCS
5/21
(p)
(3)
(1993)).
_____
Causing
or
allowing
the
deposition
of
waste
in
standing
or
flowing
waters
(415 ICS
5/21
(p)
(4) (1993)).
____
Causing
or
allowing
proliferation of disease
vectors
(415 ILCS
5/21
(p)
(5)
(1993)).
____
Causing
or
allowing
the
generation
of
standing or
flowing
liquid
discharge
fran
the
open
dump
site
(415
ILCS
5/21
(p)
(6)
(1993)).
CIVIL ~
Pursuant
to
415 IL~ 5/42
(b)
(4)
(1993),
theRespondent~hereinis
:)iect
to
a
civil
penalty
•of
Five’ Hundred
Dollars
($500.00) for eacn
violation
specified
above
in
Paragraph
A
and
subparagraphs
thereunder,
for
a
total
of
$1,000
•
00.
Additionally,
should
the
Respondent
elect
to
retition
the
Illinois
Pollution
Oxitrol
Board
under
the
review
process
cascribed
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
Sanganon
County
and
the
Illinois
Pollution
Control
Board,
in addition to the Five
Hundred
Dollars
($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
35
days
fran
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
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
Sanganon
County
Public
Health
Department
and mailed
to
the
attention
of
James
D.
Stone,
Director
of
Public
Health,
Sangamon
County
Department
of Public
Health,
200
South
Ninth
Street,
Roan
301,
Springfield,
Illinois,
62701.
Also,
please
oanplete
and
return
the
enclosed
Remittance
Form,
along
with
your
payment,
~
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
fran
the
date
payment
is
due
until
the
date
payment
is
received.
If
any
civil
penalty,
by
xeason
of
acknowledgement,
default
or
finding
after
adjudicatory
hearing
is
not
paid
when due,
the
Office
of
the
Illinois
Attorney
General
or
the
Office
of
the
Sanganon
Q~xintyState’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
Sanganon
County
Agency and
the
Illinois
Pollution
Control
Board,
if any, the
Attorney
General
‘s
Office
or
the
Sangarron
County
State’s
Attorney
will
seek
to
recover their
costs
of
litigation.
~RE
~
aNI~’rU~
~IS
MIWJIS’IBATIVE
CITA~I~
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
Sangarron
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
may
be
filed
with
the
Clerk
of
the
Illinois
Pollution
C~zitrol 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
•Sanganon
County
Department
of
Public
Health,
200
South
Ninth
Street,
Roan
301,
Springfield,
Illinois,
62701
•
The
procedure
for
filing
a
Petition
for
Review
can
be
found
in
415
IICS
5/31.1
(1993),
and
Part
101
of
Title
35
of
Illinois
Administrative
Code.
Date:
December
29,
1993
J7~NESD.
S’I~E,DIR~IOR
SANG~
~
DEPAR~fl~EN~
OF
PUBLIC HFAL~i
BY:__________
R~~ERT
L.
SMITh
?repared
by.
Rthert
L.
&nith
200 South Ninth Street,
Roan
402
Springfield,
Illinois
62701
(217)753—6690
JDS/RLS/AA/3~1/JF:vah
‘mE 1tJ~IS
w~ricz~
X~OLBOARD
AZ~ONES’1!~ATIVE
ci~i~ri~
)
)
O~xplainant,
)
p(~
~
klninistrative
Citation
—vs-
)
sa~H-93—&~—14
)
LTILTR
!.1I~EEIAND,
)
)
~vrr
Affiant,
Allen
Alexander,
being first
duly
sworn,
voluntarily
deposes
and states
as
follows:
1
•
Affiant
is
a
Waste Management Specialist
employed
by
the
Sanganon
County
Department
of
Public
Health
and certified
by the Illinois Environmental
Protection
Agency
and
has
been so
~loyed
and
certified
at
all
times
pertinent
hereto.
2.~ On
November
23,
1993,
between
3:00
p.m.~ and
3:30
p.m.,
Affiant
conducted
an
inspection
of
an
open
dump
owned
and
operated
by
Lillie
?~re1and,
located
in
Sanganon
County,
Illinois,
and
known
as
Springfield
Twp•/!~breland.
Said
site
has
been assigned
Site
Code
No.
•1
6782200871.
3
Affiant
inspected
said
facility
by anon-site
inspection
which
included
walking
and
photographing the
site.
4.
As
a result
of
the material
actions
referred
to
in
paragraph
3
above,
Affiant
cur~leted 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.
Subscribed and
s~rn to
before ire
thi
29th
day
of
,
1993.
•AA:vah
-~~
OFFICIAL
SEAL
~ VALERIE
A.
HEDGEPATH ~
~ NOTA’~V
FU~LIC,
STATE
OP
IWNOIS
~
~ MVCO~tMISS!ON
EXPIRES 12~17•96~
AlenAlexander
Solid
Waste
Specialist
Sanganon
County
Department
of Public Health
R~4PPPN~
F~I~
~
au~,
Omplainant,
~
-
Aànthistrative
Citation
—vs—
)
SQI~—93—~C—14
)
T.Trz.-r~?~i~ELAND,
)
)
FACILITY:
SPRINGFIELD
TWP. /Y1)RIIAND
SITE
~)DE
NO.:
1678220071
~R~TY:
SANGAMCt~
CIVIL
P~ThLTY:
$1
,000.00
DATE OF
INSPECTICt~T:
NVE~AHER23, 1993
DATE RE~ITI~D:
______________
S.S.#/F.E.I.N.:
___________________________
SI~A1lURE: _________________________________
Please
enter
the date of your remittance, your Social
Security
nuttier
(S.S.#)
if an
individual,
or your Federal
~nployer
Identification
Numbe±~
(F.E.I.N.)
if a
corporation,
and sign
this
Remittance
Ferin.
Be
sure
thatyour
check
is enclosed and
mail,
along with
this
form,
to
James
D.
Stone,
Director,
Sangan~i
County Department
of
Public
health,
200
South
9th
Street,
Roan
301,
Springfield, Illinois. 62701.
•
•
•
~iDS:vh