ILLINOIS POLLUTION CONTROL BOARD

January 6,

1994

WILLIAMSON COUNTY SOLID WASTE

)

OFFICE,

)

Complainant,

)

V.

)

AC 93—59

(Administrative Citation)

MARVIN COUEY,

)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon

a November 29,

1993

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act) by Williamson

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 Marvin Couey

on November 26,

1993.

Williamson County alleges that on November

16,

1993, Marvin Couey, present owner and/or operator of a

facility located in Williamson County, and commonly known to the

Agency as Marvin Couey open dump, violated Section 21(p) (3)

of

the Act.

The statutory penalty established for this violation is

$500.00 pursuant to Section 42(b) (4)

of the Act.

Marvin Couey 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 Marvin Couey 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 penalty has already been

paid, within 30 days of the date of this order Marvin Couey

shall,

by certified check or money order payable to the

Williamson County Treasurer, pay a penalty in the amount of

$500.00, which is to be sent to:

Williamson County Treasurer

200 W. Jefferson Street

Marion,

Illinois 62959

---

r~E7VEtfl

/

N0V29J993

ADMINISTRATIVE CITATION

WILLIAMSON COUNTY SOLID WASTE OFFICE

Complinant,

)

~

V.

Marvin Couey

)

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to authority

vested in the Illinois Environmental Protection Agency by Public

Act 84—1320

(Ill. Rev. Stat.

1987,

ch.

111

1/2, para.

1031.),

(recompiled as 415 ILCS 5/1-56.6) and delegated to Williamson

County pursuant to Ill.

Rev. Stat.1987,

ch.

111

1/2,

para.

1004(r),(recompiled as 415 ILCS 5/1—56.6).

FACTS

1. That Respondent, Marvin Couey,

is the present owner

and/or operator of

a facility located in the County of

Williamson, State of Illinois.

2. That said facility is an open dump, operating without

an Illinois Environmental Protection Agency Operating Permit,

and designated with Side Code No. 1998530003. Said facility

is commonly known to the County as Marvin Couey open dump.

---

Respondent

shall be assessed the associated hearing costs

incurred by Williamson County and the Illinois Pollution Control

Board,

in addition to the Five Hundred Dollar

($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 January 04,

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 Williamson County Treasurer,

200 W. Jefferson

St., Marion,

Il. 62959. 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 Williamson 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 Williamson Countf and

---

REMITTANCE FORM

WILLIAMSON COUNTY SOLID WASTE

)

OFFICE,

)

Complainant,

)

AC 93—59

v.

)

(County No. None)

)

MARVIN COUEY,

)

)

FACILITY:

Marvin Couey

SITE CODE NO.:

COUNTY:

Williamson

CIVIL PENALTY:

DATE OF INSPECTION: November

16,

SIGNATURE:__________________________________

NOTE

Please enter the date of your remittance, your Social Security

number

(SB)

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:

Williamson County Treasurer,

200 W. Jefferson Street,

Marion,

Illinois 62959.

---

ILLINOIS POLLUTION CONTROL BOARD

January 6,

1994

IN THE

MATTER

OF:

)

)

PETITION OF THE CITY OF EAST MOLINE

AND

)

THE ILLINOIS ENVIRONMENTAL PROTECTION

)

AS 91-9

AGENCY FOR ADJUSTED STANDARD FROM

)

(Adjusted Standard)

35 ILL.

ADN. CODE 304

)

ORDER OF THE BOARD

(by R.

C. Flemal):

This matter comes before the Board on a December 29,

1993

filing of an amended joint petition.

The Board hereby accepts

the amended petition.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certi~-sflthat the above order was adopted on the

_______

day of

_________________,

1994,

by a vote of

7~-~’

(7

,~

~

Dorothy M./~unn,Clerk

Illinois ~ojiution Control Board