ILLINOIS POLLUTION CONTROL BOARD
March 31,
1994
SANGAMON
UN,
)
)
Complainant,
)
v.
)
AC 94-6
)
(County No. SCDPH—94-AC-1)
(Administrative Citation)
D.
RAY
SMITH,
)
Respondent.
ORDER OF THE
BOARD:
This matter comes before the Board upon a February 3,
1994
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 D. Ray Smith
on February 3,
1994.
Sangamon County alleges that on January 12,
1994,
D. Ray Smith, present owner and/or operator of a facility
located in Sangamon County and commonly known to the Agency as
Springfield Township/Sinitty’s TV, 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.
D. Ray Smith 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 D. Ray Smith, 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 D. Ray Smith
shall, by certified check or money order payable to the
Sangamon County Department of Public Health, pay a penalty in
the amount of $500.00, 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. 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.
2
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,
hereby certify that the above order was adopted on the
day of
,
1994,
by a vote of
-o
.
Dorothy M. ,Glinn, Cler~
Illinois P~3(lutionControl Board
RECEJVED
FEB
-
3 ~1994
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
ARD~
O~
ILLINOIS
ADMINISTRATIVE
CITATION
POLLUTION
CONTROL
BOARD
SANGA~MONCOUNTY,
)
Complainant,
)
)
Administr
tive Citation
-vs-
)
SCDPH-94-AC-1
)
D.RAY
SMITH,
)
Respondent.
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
JLCS
5/4
(r)
(1993).
FACTS
I.
That the
Respondent,
D.
Ray
Smith,
is
the present operator 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.
1671200175.
Said
facility
is commonly known
to the
Agency as Spfld.
Twp./Smitty’s TV.
3.
That the
Respondent,
D.
Ray Smith,
has
operated
said facility at
all
times
pertinent
hereto.
4.
That on January
12,
1994,
Jerry Ferguson,
Solid
Waste Specialist,
with
the
Sangamon 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.
VIOLATIONS
On the basis
of the direct
observations of Jerry
Ferguson,
Sangamon County
has
determined that the Respondent
has caused
or allowed
open dumping
at
the above-described
facility
in
a manner which
resulted
in
the following
occurrences:
A.
That on
January
12,
1994,
an
on-site
inspection of said facility disclosed
the
following:
X
Causing or allowing
litter (415 JLCS 5/21
(p)
(1)
(1993)).
_____
Causing or allowing
scavenging operations
(415 ILCS
5/21
(p)
(2)
(1993)).
_____
Causing or allowing open
burning (415 ILCS
5121
(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 PENALTY
Pursuant to 415 ILCS 5/42 (b) (4)
(1993), the Respondent herein is subject to a civil penalty
of five
hundred dollars
($500.00)
for each violation
specified
above
in
Paragraph
A and
subpaparagraphs
thereunder,
for
a total
of $500.00.
Additionally,shouid
the 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
Sangamon County
and the
Illinois Pollution
Control
Board,
in
addition
to
the five
hundred dollar
($500.00)
statutory
penalty
for
each finding
of violation.
If youacknowledge the violations cited hereinabove, the civil penalty specified above shall
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
ofthis Administrative Citation
within
the 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
Department of Public Health and mailed
to the attention of James 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 adjjudicatory 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
ou
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
must be
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
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 the
Illinois Administrative Code.
Date:
February
1,
1994
James D.
Stone,
Director
SANGAMON
COUNTY
DEPARTMENT
OF PUBLIC
HEALTH
BY:
/~~‘
~
R~bert
L.
Smith
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
JDSIRLS/AA/BW/JF: vah
REMITTANCE FORM
SkNGAMON
COUNTY
)
Complainant,
)
)
Adminsitrative
Citation
-vs-
)
SCDPH-94-AC-1
)
D. RAY
SMITH,
)
)
Respondent.
)
FACILITY:
SPFLD.
TWP.ISMITI’Y’S
TV
SITE
CODE:
1671200175
COUNTY:
SANGAMON
CIVIL
PENALTY:
$ 500.00
DATE OF INSPECTION:
January 12,
1994
DATE
REMITTED:
__________________
S.S.#/F.E.LN.:
__________________________
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, Sangamon County Department of Public
Health, 200 South Ninth Street, Room
301,
Springfield,
Illinois,
62701.
JDS:vh