ILLINOIS POLLUTION CONTROL BOARD
January
6,
1994
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
V.
)
AC 93—57
)
(IEPA Docket No.
721—93—AC)
WESLEY SIMPSON,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a November 15,
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 Wesley Simpson on November
19, 1993.
The Agency alleges that on September 20,
1993,
Wesley Simpson, present owner and/or operator of a facility
located in Peoria County, and commonly known to the Agency as
Rosefield Township/Simpson, West Property, 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.
Wesley Simpson 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 Wesley Simpson has
violated each and every provision 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 penalty has already been
paid,
within 30 days of the date of this Order Wesley Simpson
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
$1,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL 62794—9276
BEFORE THE ILLINOIS POLLUTION CONTROL 80
R~CE~I~0
ADMINISTRATIVE CITATION
NOV
151993
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
AC_______________
v.
)
(IEPA No.
721—93—AC)
)
WESLEY SIMPSON,
)
)
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 Peoria, 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.
1438160007.
Said facility
Is commonly known to the Agency
as
Rosefield Township/Simpson, West Property.
3.
That Respondent has owned and/or
operated said facility at
all
times
pertinent hereto.
4.
That on September 20,
1993,
Eugene Figge,
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.
Page
3
If you acknowledge the violations cited hereinabove,
the civil
penalty
specified above
shall
be due and payable
no
later than ~
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.
I
N0V151993
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
~
_~7
v.
)
EPA 721—93—AC
WESLEY
SIMPSON,
)
)
Respondent.
)
FACILITY:
Simpson, West Property
SITE CODE NO.:
1438160007
COUNTY:
Peoria
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
September 20,
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.
jar/l944v,27