ILLINOIS POLLUTION CONTROL BOARD
November
4,
1993
SANGANON
COUNTY,
Complainant,
v.
)
AC
93—41
(SCDPH—93—AC-8)
)
(Administrative
Citation)
STANLEY
RAY
STEWART,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a September 13,
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 Stanley Ray
Stewart on September 21,
1993.
Sangamon County alleges that on
August 25,
1993,
Stanley Ray Stewart, present owner and/or
operator of a facility located in Sanganion County and commonly
known to the Agency as Springfield Township/Stewart, violated
Sections 21(p)(l),
21(p)(2), 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.
Stanley Ray Stewart 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 Stanley Ray Stewart, has
violated the provisions alleged in the Administrative Citation.
Since there are three
(3)
such violations,
the total penalty to
be imposed is set at $1,500.00.
1.
It is hereby ordered that, unless the penalty has already been
paid, within 30 days of the date of this order Stanley Ray
Stewart shall,
by certified check or money order payable to
the Sangamon County Public Health Department, pay a penalty in
the amount of $1,500.00, which is to be sent to:
James
D.
Stone
Director of Public Health
Sangalnon County Department of Public Health
200 South Ninth Street
—
Room 301
Springfield, Illinois 62701
2
2. Respondents 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
Boarc~herebycertify that the above order was adopted on the
-~J-~day of
77
,
1993, by a vote of
~-o.
/~)
Dorothy M.~unn, Clerk
Illinois ~llution
Control Board
~~VED
BEFU~EThE
iLIJ~)IS
POWYflCZ~CX~OL ~RD
Au~was’nm~rIvE
criwria~
SEP
131993
SAN~W~
axiNT~,
POLLUT~ONCON~OLBOAPD
cciiplainant,
)
..p~
~
~
kIninistrative
citation
-vs-
)
ScJ~Pff93-~C-8
S~EY
RAY
SI~RT,
)
Resp~ient.
JURISDIC~IC1~
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).
FN~IS
1.
That
the
Respondent,
Stanley
Ray
Stewart,
is
the
present
owner
and
operator
of
a
facility
located
in
the
County
of
Sangamon,
State
of
Illinois.
2.
That
said
facility
is
an
open
dunp,
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit,
and
designated
with
Site
Code
No.
1678220067.
Said
facility
is
caimonly
known
to
the
Agency
as
Springfield Township/Stewart.
3.
That
the
Respondent,
Stanley
Ray
Stewart,
has
owned
and
operated
said
facility
at
all
tines
pertinent
hereto.
4.
That
on
August
25,
1993,
Jerry
Ferguson
and
Brian
Wood,
Waste
Management
Specialists
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.
VIOLATICI~S
On
the
basis
of
the
direct
observations
of
Jerry
Ferguson
and
Brian
Wood,
Sangainon
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
August
25,
1993,
an
on-site
inspection
of
said facility
disclosed the following:
X
Causing or allowing litter (415 ILCS 5/21
(p)
(1)
(1993)).
x
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
IL&S
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)).
CIVILP~
Pursuant
to
415
ILCS
5/42 (b)
(4)
(1993), the Respondent
herein
is
subject
to a civil
penalty
of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for each violation
specified
above
in
Paragraph
A
and
subparagraphs
thereunder,
for
a
total
of
$1
,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
Sangamon
County
and
the
Illinois
Pollution
Control
Board,
in
addition
to
the
One
Thousand
Five
Hundred
Dollars
($1,500.00) 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
and mailed
to the attention of James D. Stone,
Director
of
Public
Health,
Sangamon
County
Department
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,
arid
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.
~DJRE
a~’riNG
~ns
IS1~TIvECtTATIC~
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
Sangairon 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: Sept~ther8,
1993
JAMES D. STONE, DIRECIOR
sANGA1~r)Naur~rr~
DEPAR’INEr~Tr
OF
PUBLIC HEP~LTh
BY:_________
ROBERT
L.
SMITH
Prepared
by:
Robert
L.
&~iith
200
South
Ninth Street,
Roan
402
Springfield,
Illinois
62701
(217)753—6690
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axm~,
ca~plainant,
)
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AC-
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P4~ninistrative citau~
SQ~PH-93-AC-8
S1~EY
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~,
)
Respczx3ent.
FACILITY:
SPRINGFIELD
‘IWP. /STEWART
SITE
CXDDE
NO.
1678220067
aJu~rY:
~ANGAMON
CIVIL
P~ALTY:
$1 ,500.00
DATE OF INSPECrION:
AUGUST
25, 1993
DATE RE~1ITrED:
_________________________
S..S.#/F.E.I.N.:
____________________________
SIGNA~WRE: ___________________________________
~YrE
Please enter the date of your
remittance,
your
Social
Security
number
(S.S.#)
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
301,
Springfield, Illinois, 62701.
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