ILLINOIS POLLUTION CONTROL BOARD
November 4,
1993
SANGANON COUNTY,
Complainant,
v.
)
AC 93—40
(SCHDPH—93—AC—7)
CARL SENNINGS,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a September 3,
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 Carl
Sennings on September
3,
1993.
Sangamon County alleges that on
August 16,
1993,
Carl Sennings, present owner and/or operator of
a facility located in Sangamon County, and commonly known to the
Agency as Springfield Township/Carl’s Furniture, violated Section
21(p)(l)
of the Act.
The statutory penalty established for this
violation is $500.00 pursuant to Section 42(b)(4)
of the Act.
Carl Sennings 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 Carl Sennings 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 Carl Sennings
shall, by certified check or money order payable to the
Sangamon County Public Health Department, pay a penalty in the
amount of $500.00, which is to be sent to:
James
D.
Stone
Director of Public Health
Sangamon County Department of Public Health
200 South Ninth Street
-
Room 301
Springfield, Illinois 62701
2
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 N.
Gun•n,
Clerk of the Illinois Pollution Control
Board
ereby certify that the above order was adopted on the
--
day of
,
1993, by a vote of
~
~J
Dorothy N. ç~’nn, Clerk
Illinois Po9ution Control Board
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Respru~ent.
JtJRIsDIC1’Ia~
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).
FACIS
1.
That
the
Respondent,
Carl
Sennings,
is
the
present
owner and
operator
of
a
facility
located
in
the
County
of
Sangarnon,
State
of Illinois.
2.
That
said
facility
is
an
open
dump,
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit,
and
designated
with
Site
‘~ode No.
1678220073.
Said
facility
is
ccnnonly
known
to
the
Agency
as
Springfield
Township/Carl’s
~rniture.
3.
That
the
Respondent,
Carl
Sennings,
has
owned
and
operated
said
facility
at
all
times
pertinent
hereto.
4.
That
on
August
16,
1993,
Jerry
Ferguson,
Waste
Manage~nentSpecialist
with
the
Sangairon
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.
vIor~ATIa~S
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
August
16,
1993,
an
on-site
inspection
of
said
facility
disclosed
the
following:
X
Causing
or
allowing
litter
(415
ILCS
5/21
(p)
(1)
(1993)).
_____
Causing
or
allowing
scavenging
opera~tions
(415
ILCS
5/21
(p)
(2)
(1993).
____
Causing
or
allowing
open
burning
(415
ICS
5/21
(p)
(3)
(1993)).
_____
Causing
or
allowing
the
deposition
of
waste
in standing
or
flowing waters
(415
TICS
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)).
CIV1
PI~LTY
Pursuant
to
415
TICS
5/42
(b)
(4)
(1 993),
the
Respondent
herein
is
subject
to
a
civil
penalty
of Five
Hundred
Dollars
($500.00)
for
each
violation
specified
above
in
Paragraph
A
and
subparagraphs
thereunder,
for
a
t&al
of
$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
Five
Hundred Dollars
($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
Jaires
D.
Stone,
Director
of
Public
Health,
Sangamon
County
Departrrent
of
Public
Health,
200
South
Ninth
Street,
Roan
301,
Springfield,
Illinois,
62701.
Also,
please
ca~leteand 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
Sanganon
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
Sangarnon
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.
P1~X~REF~R~U~flNG
ThIS
~NIS~!~VE
C~CV
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
Sangarnon
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 Illinoi~Pollution Control
Board
at
the
State
of
Illinois
Conter,
100
West
Randolph,
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
Illinois Administrative
Code.
Date: August
31, 1993
JAMES
D.
SIONE,
DIRECIOR
SANG~
cxxi~r~
DEPAR~IME~T
OF
PUBLIC
HEALTH
BY:
/47~Z~
RC~ERT
L.
SMITH
Prepared
by:
Robert
L.
~nith
200
South
Ninth
Street,
Roan
402
Springfield,
Illinois
62701
(217)753—6690
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Qxnplainant,
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~àni1th3trative
Citation
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ScDHI-93—AC-7
)
EARL SE~NIN~,
Respcuient.
FACILITY:
SPRINGFIELD
IDWNSHrP/CARL’S
FURNITURE
SITE (DDE NO.,:
1678220073
QXJNTY:
SANGAMON
CIVIL
PENALTY:
$500.00
DATE
OF
INSPECrION:
AUGUST
16,
1993
DATE
REMITrED:
_________________________
S.S.#/F.E.I.N.:
______________________________
SIGNATURE:
___________________________________
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
Jan~sD.
Stone,
Director,
Sanganon
County
Department
of
Public
Health,
200 South 9th
Street,
Roan
301,
Springfield,
Illinois,
62701.
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