ILLINOIS POLLUTION CONTROL BOARD

June 23, 1994

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

v.

)

AC 94—25

)

(IEPA No.

215—94-AC)

)

(Administrative Citation)

FRANK

RECORD,

)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon the April 26,

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 Frank Record on April 26,

1994.

The Agency alleges that on March 3,

1994, Frank Record,

present owner and/or operator of a facility located in Fulton

County and commonly known to the Agency as Farmington/Record,

violated Section 21(p) (1)

of the Act.

The statutory penalty

established for this violation is $500.00 pursuant to Section

42(b)(4) of the Act.

Frank Record 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 Frank Record 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 Frank Record

shall, by certified check or money order payable to the

Illinois Environmental Protection Trust Fund, pay a penalty in

the amount of $500.00, which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

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 his social security or federal

Employer Identification Number on the certified check or money

---

2

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 N.

Gunn,

Clerk of the Illinois Pollution Control

Board, h,~rebycertify tha

he above order was adopted on the

~

of

,

1994, by a vote of

~‘

Dorothy N. ,~4nn, Clerk

Illinois P~IiutionControl Board

---

RECEIVED

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

APR 261994

ADMINISTRATIVE CITATION

STATE OF !LLINOIS

IPOLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

AC________________

v.

)

(IEPA No.

215—94—AC)

)

FRANK RECORD,

)

Respondent.

)

JURiSDICTION

This Administrative Citation

is

issued pursuant

to authority vested

In the

Illinois Environmental Protection Agency

by 415 ILCS 5/31.1,

1992;

111.

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 Fulton,

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. 0578100005.

Said facility

Is commonly known

to the Agency

as

Farmi ngton/Record.

3.

That Respondent has owned and/or operated

said facility

at

all

times

pertinent hereto.

4.

That on March

3,

1994,

Lawrence

Duttori,

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 2

VIOLATIONS

On the

basis of direct observation of Lawrence Dutton,

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 March

3,

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.

l021(p)(l).

CIVIL PENALTY

Pursuant to 415 ILCS 5/42(b),

1992;

Ill.

Rev.

Stat.

ch.

111

1/2,

para.

l042(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 Five Hundred Dollars ($500.00).

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.

If you acknowledge

the violations

cited hereinabove,

the civil

penalty

specified above

shall

be due and payable no later than

May 27, 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.

---

Page

3

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.

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have

the right

to contest

this Administrative Citation.

5~

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

---

Page ~

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.

~4’1~

A.

C~.L

L

Mary

A. Ga~e,Director

“1

~“~“—

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:

~/“/R

~i~h/

rmi/595w/sp,

1—4

---

REMITTANCE FORM

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC 94—25

v.

)

(IRPA No. 215—94—AC))

)

(Administrative Citation)

FRAME RECORD,

)

Respondent.

)

FACILITY:

Farmington/Record

BITE CODE

1:

COUNTY:

Fulton

CIVIL PENALTY:

DATE OF INSPECTION: March

3,

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:

Illinois Environmental Protection Agency, Fiscal

Services Division, 2200 Churchill Road,

P.O. Box 19276,