1. FACTS
    2. DATE REMITrED: ___________________
    3. S.S.#IF.E.I.N. : ________________________________
    4. SIGNATURE: ___________________
ILLINOIS POLLUTION CONTROL BOARD
June
23,
1994
SANGANON
COUNTY,
)
Complainant,
)
v.
)
AC
94—32
(SCDPH—94—AC—11)
(Administrative Citation)
STEPHEN BILECK, JR. and
)
LISA BILECK,
)
)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon the May 12,
1994
filing of a 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 both Stephen
Bileck,
Jr.
and
Lisa
Bileck
on
May
12,
1994.
Sangamon
County
alleges
that
on
March
30,
1994,
Stephen
Bileck,
Jr. and Lisa
Bileck,
present
owners
and/or
operators
of a facility located in
Sangamon
County
and
commonly
known
to the County as Clearlake
Pwp./Bileck,
violated
Sections 21(p)
(1)
and
21(p)
(3)
of the Act.
The statutory penalty established for each violation is $500.00
pursuant to Section 42(b)(4) of the Act.
Stephen Bileck, Jr. and Lisa Bileck have 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
Stephen
Bileck,
Jr.
and Lisa Bileck 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 t’enaltv
has
already been
paid,
within
30 days of the date of this Order Stephen Bileck,
Jr.
and
Lisa Bileck shall, by certified check or money order
payable
to
the
Sangamon
County
Department
of Public Health,
pay
a
penalty
in
the
amount of $1,000.00, which is to be sent
to:
James D.
Stone, Director
Sangamon
County
Department of Public Health
200 South Ninth Street, Room 301
Springfield, Illinois 62701
2. Respondents shall include the remittance form and write the
2
case
name
and
number
and
their
social
security or federal
Employer
Identification
Numbers
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, h reby certify
at the above order was adopted on the
3”-~dayof
,
1994,
by a vote of
Control Board
•
r~~VED~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE
CITATION
MAY
12
1994
SANGAMON
COUNTY,
)
STATE
OF
QUNOJS
CONTROL
Complainant,
)
AC
)
Administrative
Citation
-vs-
)
SCDPH-94-AC-11
)
STEPHEN BILECK, JR., and USA
)
BILECK,
)
Respondents.
JURISDICTION
This
Administrative
Citation
is
issued pursuant
to authority vested
in
the Illinois
Environmental
Protection
Agency
by
415
ILCS
5/31.1
(1993),
and
delegated to Sangamon
County pursuant
to
415
ILCS 5/4
(r) (1993).
FACTS
1.
That
the Respondents,
Stephen
Bileck,
Jr.
and Lisa
Bileck,
are the
present
operators of a
facility located
in the County of Sangamon, 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.
1678050016.
Said
facility
is commonly
known
to
the Agency
as Clearlake Twp.IBileck.
3.
That
the
Respondents,
Stephen Bileck,
Jr.
and
Lisa Bileck,
have operated
said
facility,
at
all
times pertinent hereto.
4.
That on March 30, 1994,
Jerry
Ferguson
and Brian
Wood,
Solid Waste Specialisst
with the Sangamon County Department of Public Health,
inspected
the above-described facility.
A copy ofthe inspection report setting forth the results ofsuch inspection is attached hereto
and
made a
part
hereof.
VIOLATIONS
On the basis
of the direct observations of Jerry Ferguson
and
Brian
Wood,
Sangamon
County
has determined that the Respondents have caused or allowed open dumping at the above-
described facility
in a manner
which resulted
in
the following occurrences:
A.
That on
March
30,
1994,
an on-site
inspection of said
facility disclosed the
following:
Causing or
allowing
litter
(415
ILCS
5/21
(p)
(1)
(1993));
and
Causing or
allowing open burning
(415
ILCS
5/21
(p)
(3)
(1993)).
CIVIL PENALTY
Pursuant
to
415
ILCS
5/42
(b)
(4)
(1993),
the Respondents
herein are subject to
a civil
penalty of five
hundred dollars
($500.00)
for each violation specified above
in
Paragraph A
and
subpaparagraphs hereunder,
for a total of$1,000.00.
Additionally, should the Respondents 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
Respondents
shall be
assessed
the associated
hearing costs
incurred
by
Sangamon County
and
the Illinois
Pollution Control Board,
in addition
to
the five
hundred dollar ($500.00) statutory
penalty for
each finding of violation.
Ifyouacknowledge the violations cited hereinabove, thecivil penalty specified above shal1
be
due and payable
no
later than
thirty five
(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 the thirty
five
(35) days,
or if you elect
to contest this
Administrative
Citation,
any judgment rendered
against you shall
specify the
due date of the
statuatory
civil penalty and
any costs
assessed against you.
When payment is made, your check
should be made payable
to the Sangamon County
Department of Public
Health and mailed to the attention ofJames D. Stone, Director, 200 South
Ninth Street,
Room 301, Springfield,
Illinois, 62701.
Also,
please
complete
and return
the
enclosed
Remittance
Form
to assure proper documentation of your payment.
Ifany civil penalty imposed by the Illinois Pollution Control Board is not paid within the
time prescribed
in the Order,
interest on such penalty shall
be
assessed
for the period
from
the
date payment was
due until the date payment was
received.
If any civil penalty, by
reason of
acknowledgement,
default, or
finding after adjudicatory hearing,
is
not paid
when
due,
either
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 and the Illinois Pollution Control Board,
if any,
either the Attorney General’s Office or
the State’s
Attorney’s Office
shall seek to recover their costs
of litigation.
PROCEDURE FOR CONTESTING THIS
ADMiNiSTRATIVE CITATION
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 mustbe filed with the Clerk
of the Illinois Pollution Control Board
at the State of Illinois Center,
100
West
Randolph
Street,
Suite
11-500,
Chicago,
Illinois,
60601,
and
a copy of
said Petition
for
Review filed with
the
Sangainon 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 the Illinois Administrative Code.
Date:
MAY
9,
1994
James D.
Stone, Director
SANGAMON COUNTY
DEPARTMENT OF
-UBLIC
HEALTH
BY:___________________
obert L.
Smi
Prepared
by:
Robert
L.
Smith
Assistant State’s Attorney
Sangamon County
State’s Attorney’s Office
200 South
Ninth Street,
Room 402
Springfield, IL
62701
(217)
753-6690
JDS/RLS/AA/BW/JF:vah
REMITI’ANCE
FORM
SANGAMON
COUNTY
)
Complainant,
)
AC
5?
—
)
Admincitrative
Citation
-vs-
)
SCDPH-94-AC-11
)
STEPHEN BILECK, JR.,
and LISA
)
BILECK,
)
)
Respondents.
)
FACILITY:
CLEARLAKE
TWP,IBJLECK
SITE
CODE:
1678050016
COUNTY:
SANGAMON
CIVIL
PENALTY:
$1,000.00
DATE
OF INSPECTION:
March
30,
1994
DATE REMITrED:
___________________
S.S.#IF.E.I.N. :
________________________________
SIGNATURE:
___________________
NOTE
Please enter
the
date of your remittance,
your
social
security
number
(S.S.#)
if an
individual,
or
your
Federal
Employer
Identification
Number
(F.E.I.N.)
if
a
corporation,
and
sign
this
Remittance
Form.
Be
sure
that
your
check
is
enclosed
and mail
with
this
form
to
James
D.
Stone, Director, Sanganion County Department of Public Health, 200
South Ninth Street, Room
301, Springfield,
Illinois,
62701.
JDS:vh

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