ILLINOIS POLLUTION CONTROL BOARD
November 4,
1993
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 93—43
)
(IEPA Docket No.
620—93—AC)
JOSEPH
C. POWELL and DELLA
)
(Administrative Citation)
I. POWELL,
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon a September 20,
1993
filing of an Administrative Citation pursuant to Section 311 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 Joseph and Della Powell on
September 20,
1993.
The Agency alleges that on August 5,
1993,
Joseph and Della Powell, present owners and/or operators of a
facility located in Menard County, and commonly known to the
Agency as Sweetwater/Powell, violated Sections 21(p) (1) and
21(p) (5)
of the Act.
The statutory penalty established for each
of these violations
is $500.00 pursuant to Section 42(b) (4)
of
the Act.
Josephand Della Powell 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 Joseph and Della
Powell has violated each and every provision 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 Joseph and
Della Powell shall, by certified check or money order payable
to the State of Illinois and designated for deposit into the
Environmental Protection Trust Fund, pay a penalty in the
amount of $1,000.00 which is to be sent to:
2
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL 62794—9276
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
this 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
hereby certify that the above order was adopted on the
_______day of
,
1993,
by a vote of
~‘
~
/L~Y
Dorothy N. G~n, Clerk
Illinois P0XJ/ution Control Board
RECEiVED
SEP
201993
ST.~TEC)~IWNOS
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
~
ADMINISTRATIVE
CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
AC______________________
v.
)
(IEPA
No.
620-93-AC)
)
JOSEPH
C.
POWELL and DELLA
I.
POWELL,
)
)
Respondents.
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the
Illinois
Environmental
Protection Agency by Ill.
Rev.
Stat.
ch.
111
1/2, para.
1031.1 (1991).
FACTS
1.
That Respondents are the present owners and/or operators of a
facility located in the County of Menard, 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.
1298610001.
Said facility is coniiionly known to the Agency as
Sweetwater/Powel1.
3.
That Respondents have owned and/or operated said facility at all
times
pertinent hereto.
4.
That on August
5,
1993, Charles King, 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.
~IQ~LAT
IONS
On the basis of direct observation of Charles King,
the Illinois
Environmental
Protection Agency
has determined that Respondents have caused or
allowed open dumping at the above described facility
in a manner which
resulted
in the following occurrences:
A.
That on August
5,
1993
an on—site inspection of said facility
disclosed the following:
(1)
Causing or allowing litter (Ill.
Rev.
Stat.
ch.
lii
1/2,
para.
lO2l(p)(l)
(1991) formerly
l021(q)(l))).
(2)
Causing or allowing proliferation of disease vectors
(Ill.
Rev.
Stat.
ch.
Ill
1/2,
para.
l021(p)(5)
(1991) formerly
lO2l(q)(5)J)
CIVIL PENALTY
Pursuant
to Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l042(b)(4)
(1991),
Respondents herein are subject to a civil
penalty of Five Hundred Dollars
($500.00)
for each violation specified above
in Paragraph A, for a total
of
One Thousand Dollars ($1,000.00).
Additionally,
should 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, 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
November
8,
1993
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
—2—
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 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.
See Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1031.1
(1991).
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
—3—
Petition for Review must
be filed within thirty—five (35)
days of the date of
service of
this Administrative Citation,
or a default judgment
shal.l
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.
Mary ~
Director
4
~—E~c_-
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:______________________________
sad/i 673v
,
47—50
—4—
REMITTANCE FORM
RECEIVED
SEP
171993
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
STATE OF
ILLINOIS
Comp
1
a I nant,
)
4
~..
~
POLLUTION CONTROL BOARD
))~-‘~J
~
v.
)
EPA
620—93—AC
)
JOSEPH
C.
POWELL and DELLA
I.
POWELL,
)
)
Respondents.
)
FACILITY:
Sweetwater/Powell
SITE CODE NO.:
1298610001
cOUNTY:
Menard
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
August
5,
1993
DATE REMITTED:
_________________________
SS/FEIN NUMBER:
________________________
SIGNATURE:
_____________________________
NOTE
Please enter the date of your remittance, your Social Security number
(SS)
if
an
individual or Federal Employer Identification Number (FEIN)
if a
corporation,
and
sign this Remittance
Form.
Be sure your check
Is enclosed
and mall,
along with Remittance Form,
to Illinois Environmental
Protection
Agency, Attn.: Fiscal ServIces,
2200 Churchill
Road,
P.O.
Box
19276,
Springfield, Illinois 62794—9276.
sad/l673v,5l