ILLINOIS POLLUTION CONTROL BOARD

January

6,

1994

SANGAMON COUNTY,

Complainant,

)

v.

)

AC

93—41

(SCDPH—93—AC—8)

(Administrative Citation)

STANLEY RAY STEWART,

)

)

Respondent.

ORDER OF THE BOARD

(by C.

A. Manning):

On December 29,

1993, the complainant moved the B!oard to

reconsider

its default order entered November

4,

1993.

The

motion

states

that

the

parties have engaged in negotiations and

reached

a

settlement,

and

that

“refusal to adopt the stipulation

defeats the goals of the Act (which is

compliance...not punitive

damages”.

In the proposed settlement, the complainant would

withdraw one count of the administration citation

(AC),

the

respondent would admit to the other two alleged violations, and

the respondent would accordingly pay a $1,000 fine rather

than

the $1,500 fine assessed by

the

Board

on

November

4 based on

the

original

AC.

Complainant’s motion for reconsideration is untimely filed

outside the 35 day period specified in 35 Ill.

Adm. Code 101.246,

and the motion does not state why the Board was not earlier

notified of the pendency of settlement negotiations.

However, as

the Board has previously acknowledged, the “law favors

settlements”, People v. Kershaw, PCB 92-164,

(Order of August 26,

1993 on reconsideration at p.

6 and

cases

cited

therein).

The

Board

will

accordingly

grant

complainant’s motion, but requests

that

we

be

more

timely

notified

of

settlement

negotiations

in

future

cases.

The B.ard’s November 4,

1993

order

is

hereby

vacated.

The

remainder of this order reflects the parties’ stipulated

agreement including complainant’s withdrawal of the alleged

violation of Section 21(p)(2)

of the Act.

This matter originally came before the Board upon a

September

13,

1993 filing of an Administrative Citation pursuant

to

Section

31.1

of

the

Illinois

Environmental

Protection

Act

(Act)

by Sanga.mon 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 Stanley Ray Stewart on September 21,

1993.

Sangamon County

alleges that on August 25, 1993, Stanley Ray

Stewart,

present

---

2

owner and/or operator of a facility located in Sangamon County

and commonly known to the Agency as Springfield Township/Stewart,

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.

Respondent

admits to these violations.

Stanley

Ray Stewart

did

not file 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 tc

Section 31.1(d) (1), the Board

finds

that

Stanley

Ray Stewart 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 Denaltv has already

been raid, within 30 days of the date of this order Stanley

Ray Stewart shall,

by certified check or money order payable

to the Sangainon 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

Sangainon County Department of Public Health

200 South Ninth Street

-

Room 301

Springfield,

Illinois

62701

2.

Respondents 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, Notions for Reconsideration.)

IT IS SO ORDERED.

---

3

I,

Dorothy

N.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

~

hereby certi~y’~thatthe above order was adopted on the

day of

~

1994, by a vote of

~

~

Dorothy N.

G,41n,

Clerk

Illinois Po4jution Control Board

---

________

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AI1’1INIS’fl~ATIVE

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~u~n~icrxcr~

This

A~ninistrative

Citatia~i

is

issued

pirsuant

to

authority

~vested

in t~

Illirx,is

Envircuaental

Protection

Agency

by

415

IlLS

5/31 .1

(1993),

arid

delegated

to

Sangamon County

pursuant

to

415

ILCS

5/4

(r)

(1993).

1.

That

the

Respondent,

Stanley

Ray

Stewart,

is

the

present

owner

arid

operator

of

a facility

located

in

the

County

of

Sangarnon,

State

of

Illinois.

2.

That

said

facility

is

an

open

dirip,

operating

without

an

Illinois

Envirorutental

Protection

Agency

Operating

Permit,

and

designated

with

Site

Code

No.

1678220067.

Said

facility

is

carinonly

known

to

the Agency

as

Springfield ~wnship/Stewart.

3.

That

the

Respondent,

Stanley

Ray

Stewart,

has

~ned

and

operated

said facility at all tines

pertinent

hereto.

4.

That

on

August

25,

1993,

Jerry

Ferguson and Brian

Wood,

~ste

Managanent

Specialists

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.

---

VI(KA~~E~~S

On

the

basis

of

the

direct

obeervations

of

Jerry

Ferguson

and

Brian

Wood,

Sangarnon

County

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

August

25,

1993,

an on-site

inspection

of said facility

disclosed

the

fol1owix~:

X

Causing

or

allowing

litter

(415

ILCS

5/21

(p)

(1)

(1993)).

X

Causing

allowing

scav~ging ~raticns

(415

ILCS

5/21

(p)

(2)

(1993).

x

Causing

or

allowing

open

burning

(415

IlLS

5/21

(p)

(3)

(1993)).

_____

Causing

or

allowing

the

deposition

of

waste

in

standing

or

flowing

waters

(415

ILCS

5/21

(p)

(4)

(1993)).

____

Causing

or

allowing

proliferation

of

disease

vectors

(415 ILLS

5/21

(p)

(5)

(1993)).

_____

Causing

or

allowing

the

generation

of

standing

or

flowing

liquid

discharge

fran

the

open

dtutp

site

(415

UCS

5/21

(p)

(6)

(1993)).

CIVIL I~LT1

Pursuant

to 41 5

ILCS

5/42

(b)

(4)

(1993),

the Respondent herein is

subject

to a civil penalty of One Thousand Five

Hundred

Dollars

($1,500.00)

for

each violation

specified

above in Paragraph A

and

subparagraphs

thereunder,

for

a

total

of

$1

,500.00.

Additionally,

should Respondent elect

to

1~tition

the

Illir*ats

Pollution

Ozitrol

~rd

under

the

review

~

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

Sangamon

County

and

the

Illinois

Pollution

Control

Board,

in

addition to the

One

Thousand

Five Hundred

Dollars

($1 ,500.0O)

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

~iini

~trative

Citation,

any

jnd~nt

rendered

against

yc*i shall

~ecify

the

due

date

of

the

statutory

civil

penalty

and

any

costs

assessed

against

y~.

When

payment

is

nade,

your

check

should

be

v~1epayable

to

the

Sangawl

County Public

Health

Department

and

mailed to

the

attention

of

James

D.

Stone,

Director

of

Public

Health,

Sangarnon

County

Departh~.ntof

Public- Health,

200

South

Ninth

Street,

Roan

301,

Springfield,

Illinois,

62701.

Also,

please

~.~~plete

and

return

the

enclosed

R~nittance 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

fran

the

date

payment

is

due

until

the

date

payment

is

received.

If

any

civil

penalty,

by

reason

of

acknowledgement,

default

or

finding

after

adjudicatory

hearing

is

not

paid w1~due, 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 Agency and the

Illinois

Pollution

Control

Board,

if

any,

the

Attorney

General’s

Office

or

the

Sangamcn

County

State’s

Attorney

will

seek

to

recover

their

costs

of

litigation.

---

~IJRE

F~RQ1fl~

ThIS

A1flNI~ATIVECIT~TI(X~

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

S~n~a~n

0*inty

Deperti~It

of

Public

Health.

Such

Petition

for

Revi~zmust

be

filed

within

thirty-five

(35)

days

of

the

date

of

service

of this

~ninistrative

Citation,

or a default

j~icj~nt

~ha1l

be entered by the

Poflution

Control

Board.

~

Petition

for

Review

may be

filed

with

the

Clerk

of the Iflinois

Pollution Control

Board

at the State of Illinois Center,

100

West

Rarifbl~*1, Suite

11-500, thicago,

Illinois,

60601;

and

a

copy

of

said

Petition

for Review filed

with the

Sangaiton

County

Department

of

Public

Health,

200

South

Ninth

street,

Roan

301,

Springtield~

Lllizris,

62701

•

‘fl~ procedure

for

filing

a

Petition

for

Review

can

be

found

in 415

ILCS

5/31 .1

(1993),

and

Part

101

of

Title

35

of

Illinois

Administrative

Code.

Date:

S~t~ther8,

1993

JAMES

D.

S’I~E,DIRECIOR

SANGN~N~~JNTY

DEPAR’IT~’1EI~T

OF

PUBLIC

HE1~JJfl1

/11

A

I

//

I

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/

7

/

‘‘—,:

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I

/

~

BY:

~

-

~

-~

-~

R~E2TL.

SMITH

Prepared

by:

Robert

L.

&tath

200 South

Ninth

Street, R~un

40~

Springfield,

Illinois

62701

(217)753—6690

JDS/P.LS/AA/BW/JF:vah

---

R~IT~AN~

FU~

Q~laii~nt,

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~tmfi,~

t~f-im

SQ~iI-93-N—8

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S~

RAY

s~r,

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FACflfl’y:

S~fl~FI!~1)

TWP./S’fl~WART

!tL:

1678220067

cXWTY:

SANGAI~

civii P~JALTY~:$1,500.00

DATE

OF

INSPECTION:

ALXJST

25,

1993

I~TERE~ITrED:

_____________

-

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

____________________________

SIc~A’fliRE:

_________________

~IE

Please

enter

the

date

of your r~nittance,

your

Social

Security

n~znber(S

•

S.#)

if

an individual, or

your Federal ~nployerIdentification

Number

(F.E .1.N.)

if

a

corporation,

and

sign

this

R~nittanceForm.

Be sure

that

your

check

is

enclosed

and

mail,

along

with

this

form,

to

James D. Stone, Director,

Sangarnon

County

Department of

Public

Health,

200

South

9th

Street,

Roan

301,

Springfield,

Illinois,

62701.

JDS:vh