ILLINOIS POLLUTION CONTROL BOARD
    May 19,
    1994
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 94—18
    )
    (IEPA No. 110—94—AC)
    )
    (Administrative Citation)
    HAROLD MOLEN,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a March 28,
    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 Harold Molen on March 25,
    1994.
    The Agency alleges that on February 1,
    1994, Harold Molen,
    present owner and/or operator of a facility located in Nacoupin
    County and commonly known to the Agency as Scottville/Molen,
    violated Sections 21(p) (1) and 21
    (p) (4) of the Act.
    The
    statutory penalty established for each of these violations is
    $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Harold Molen 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 Harold Molen, has
    violated the provisions alleged in the Administrative Citation.
    Since there were two
    (2) such violations,
    the total penalty to be
    imposed is set at $1000.00.
    1.
    It is hereby ordered that,
    unless the penalty has already been
    paid, within 30 days of the date of this order Harold Molen
    shall, by certified check or money order payable to the
    Illinois Environmental Protection Trust Fund, pay a penalty in
    the amount of $1000.00, 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 their social security or federal
    2
    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.
    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
    Bo4r~_herebycertify that the above order was adopted on the
    /
    ~
    day of
    ,
    1994,
    by a vote of
    /~
    Dorothy M.
    Qiinn,
    Clerk
    Illinois Pq~lutionControl Board
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MAR 281994
    ADMINISTRATIVE CITATION
    POLLUT!O~~L!NO!S
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    )
    AC
    ~
    v.
    )
    (IEPA
    No.
    110—94--AC)
    HAROLD MOLEN,
    Respondent.
    )
    JURISDICTION
    This Administrative Citation
    is
    issued pursuant
    to authority vested
    in the
    Illinois Environmental
    Protection Agency
    by 415 ILCS 5/31.1,
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2, para.
    1031.1.
    FACTS
    1.
    That Respondent
    is
    the present owner and/or operator of
    a facility
    located
    in
    the County of Macoupin, 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.
    1178180001.
    Said facility
    is commonly known to the Agency
    as
    Scottvi
    1 le/Molen.
    3.
    That Respondent has owned and/or operated
    said facility
    at
    all
    times
    pertinent hereto.
    4.
    That on February
    1,
    1994,
    William kialkenbach, 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 William kialkenbach,
    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
    February
    1,
    1994 an on—site inspection of said facility
    disclosed the following:
    (1)
    Causing or allowing
    litter
    in violation of 415 ILCS 5/21(p)(l),
    1992; Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    102l(p)(l).
    (2)
    Causing or allowing the deposition of waste
    In standing or
    flowing waters
    in
    violation of 415 ILCS 5/2l(p)(4),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    par 1021(p)(4).
    CIVIL PENALTY
    Pursuant
    to 415 ILCS 5/42(b),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    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 One Thousand Dollars
    ($1,000.00).
    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 for each finding of violation.
    —2—
    If you acknowledge
    the violations cited hereinabove,
    the civil
    penalty
    specified above shall
    be due and payable no later
    than
    May
    5,
    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.
    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.
    —3—
    PROCEDUR.LEQRSQNIESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    ~g
    415
    ILCS
    5/31.1,
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    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
    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
    6~4~
    ~ATGade,~Tre~4~
    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:
    March 23,
    1994
    rlc/0353w, 17—20
    —4—
    _
    f~ivEo
    REMITTANCE FORM
    /
    MAR 281994
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    4
    ~
    ~/-rf
    v.
    )
    EPA 110—94—AC
    )
    HAROLD MOLEN,
    )
    )
    Respondent.
    )
    FACILITY:
    Scottville/Molen
    SITE CODE NO.:
    1178180001
    COUNTY:
    Macoupin
    CIVIL PENALTY:
    $1,000.00
    DATE OF INSPECTION:
    February
    1,
    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.
    rlc/0353w,21

    Back to top