ILLINOIS POLLUTION CONTROL BOARD
December
2,
1993
SANGANON
COUNTY,
Complainant,
v.
)
AC
93—53
(SCDPH—93—AC—12)
(Administrative
Citation)
JOHNCO CONSTRUCTION COMPANY,
)
and PONTIOUS BROTHERS
EXCAVATING,
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon an October 15,
1993
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 Johnco
Construction Company on October 14,
1993,
and on Pontious
Brothers Excavating on October
15,
1993.
Sangamon County alleges
that on September
16,
1993,
Johnco Construction Company and
Pontious Brothers Excavating, present owners and/or operators of
a facility located in Sangamon County and commonly known to the
Agency as Thayer/Johnco Construction, 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.
Neither Johnco Construction Company or Pontious Brothers
Excavating have 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
Johnco
Construction
Company
and
Pontious
Brothers
Excavating,
have
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
penalty
has
already
been
paid,
within
30 days
of the date of this order Johnco
Construction Company and Pontious Brothers Excavating shall,
by
certified
check
or
money
order
payable
to
the
Sangamon
2
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.
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. Adm.
Code 101.246,
Motions for Reconsideration.)
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
‘
day of
,
1993,
by a vote of~
Dorothy N. Gunn,
Clerk
Illinois Pollution Control Board
~FtRE
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Resjxzidents.
J’JRISDICrIa~
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the Illinois
Environmental
Protection
Agency
by
415
ILCS
5/31.1
(1993),
arid
delegated
to
Sangamon
County
pursuant
to 415
ILCS
5/4
(r)
(1993).
F~c1~
1.
That
the
Respondents,
Johnco
Construction
Company
and
Pontious
Brothers
Excavating,,
are
the
present
operators
of
a
facility
located
in
the
County
of
Sangarnon,
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.
1671250003.
Said
facility
is
comonly
known
to
the
Agency
as
Thayer/Johnco
Construction.
3.
That
the
,
Johnco
Construction
Company
and
Pontious
Brothers
Excavating,
have
operated
said
facility,
at
all
times
pertinent
hereto.
4.
That
on
September
16,
1993,
Jerry
Ferguson,
Waste
Management
Specialist
with
the
Sangarnon
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.
VIOL~TI~~S
On
the
basis
of
the
direct
observations
of
Jerry
Ferguson,
Sangamon
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 September
16,
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
ILCS
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 ILCS 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
from the
open
dump
site
(415
ILCS
5/21
(p)
(6)
(1993)).
CIVIl PENPL’Ff
Pursuant
to
415
ILCS
5/42
(b)
(4)
(1993),
the Respondent herein is
subject
to
a
civil
penalty
of
Five
Hundred
J~llars ($500.00)
for each
violation
specified above
in Paragraph A and
subparagraphs
thereunder,
for
a
total
of
$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,
the
Respondent
shall
be
assessed
the
associated
hearing costs incurred by Sangarnon 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 from 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
Sangamon
County
Public
Health
Department
arid mailed
to
the
attention
of
James
D.
Stone,
Director
of
Public
Health,
Sangarnon
County
Depar’bTent
of
Public
Health,
200
South
Ninth
Street,
Room
301,
Springfield,
Illinois,
62701.
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
acknowledgement,
default
or
finding
after
adjudicatory
hearing
is
not
paid
when
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
Sangamon
County
State
‘
s
Attorney
will
seek
to
recover
their
costs of
litigation.
PI~X~WRE
~
aWrE~rn~~IS
AIXENISIRATIVE
CITATIC~
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
Sangamon
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 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
Sangamon
County
Department
of
Public
Health,
200
South
Ninth Street,
Room
301,
Springfield,
Illinois,
62701.
The 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: October
8,
1993
JAMES
D.
S~IONE, DIRECIOR
SANGAMON
CDONTY
DEPARThENT
OF
PUBLIC
HEALTH
BY:
_________________
ROBERT L.
SMITH
Prepared
by:
Robert
L.
~ith
200 South Ninth Street,
Roan
402
Springfield, Illinois
62701
(217)753—6690
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Respu~ents.
FACILITY:
THAYER/JOHNCO
~STRUCTION
CDIPANY
SITE
~DE
NO.:
1671250003
~tJNTY:
SANGAMC)N
CIVIL
PENALTY:
$1,000.00
DATE
OF
INSPECTION:
09-1 6-93
DATE
RE~ITI~:
______________
S.S.#/F.E.I.N.:
___________________________
SIGNATURE:
___________________________________
WYTE
Please
enter
the
date
of
your
remittance,
your
Social
Security
number
(S.SJ?)
if
an
individual,
or
your
Federal
flnployer
Identification
Number
(F.E.I.N.)
if
a
corporation,
and
Sign
this
Remittance
Form.
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
3011
Springfield, Illinois,
62701.
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