ILLINOIS POLLUTION CONTROL BOARD
April 21,
1994
SANGANON
COUNTY,
)
)
Complainant,
)
AC 93—30
v.
)
(Administrative Citation)
(SCDPH 93—AC-5)
THE ILLINOIS NATIONAL BANK OF
)
SPRINGFIELD, N/K/A FIRST OF
)
AMERICA TRUST CO.
AND
RAY
LANDERS,
)
)
Respondents.
ROBERT L. SMITH APPEARED ON
BEHALF
OF COMPLAINANT.
INTERIM OPINION
AND
ORDER OF THE BOARD
(by
E. Dunham):
This administrative citation was filed with the Board on
August 2,
1993.
On September 7,
1993, Ray Landers filed a letter
requesting a hearing on this administrative citation.
On
November 29,
1993,
the hearing officer sent the parties a letter
concerning the setting of a hearing date.
This letter stated
that if the parties did not contact the hearing officer prior to
January
14,
1994, that the matter would be set for hearing.
On
January 25,
1994, the hearing officer entered an order setting
the hearing for March
2,
1994 and provided notice of the hearing
to the parties.
Neither respondent appeared at the scheduled hearing.
At
the hearing, the hearing officer stated that she received a
letter dated February 21,
1994 from Mr. Landers on February 28,
1994.
The letter indicated that Mr. Landers would be travelling
from February 22,
1994 through the end of March and requested
that the hearing be held after this period of time.
(Tr.
at 3.)
The letter from Mr. Landers was dated 28 days after the hearing
officer had scheduled the hearing.
The letter from Mr. Landers
was neither in time for the hearing officer to consider when
scheduling the hearing, nor did the letter request that the
hearing be postponed.
No correspondence was received from
Illinois National Bank.
The administrative citation was issued as a result of an
inspection of the facility on June 15,
1993, by Sangamon County
Department of Public Health.
The administrative citation alleges
that Illinois National Bank of Springfield is the present owner
and Ray Landers is the present operator of a facility in the
County of Sangamon.
The citation further alleges that the
facility is an open dump,
operating without a permit.
The
administrative citation alleges violation of sections 21(p) (1)
and 21(p)(3)
of the Act (415 ILCS 5/21(p) (1) and 21(p) (3) (1992))
which carries a statutory civil penalty of $500 for each
violation.
2
Failure of
a party to appear at hearing constitutes a
default, and thereafter,
the Board shall enter an order as
appropriate,
as limited by the pleadings and based on the
evidence introduced at hearing.
(35 Ill.
Adin.
Code 103.220.)
The
Board finds that although Mr. Landers filed a petition for
review, neither he nor
a representative of Illinois National Bank
appeared at hearing.
Therefore, the respondents are in default.
The Board finds that the administrative citation is sufficient to
show violations of the Act.
The Board further finds, pursuant to
Section 31.1(d) (2), that respondents presented no information to
indicate that the violations occurred due to uncontrollable
circumstances.
Therefore, pursuant to Section 31.1(d) (2), the
Board finds that respondents violated each and every provision
alleged
in the Administrative Citation.
PENALTY
Penalties in administrative citation actions are prescribed
by Section 42(b) (4)
of the Act which states:
In an administrative citation action under Section 31.1
of this Act, any person found to have violated any
provision of subsection
(p)
of Section 21 of this Act
shall pay a civil penalty of $500 for each violation of
each such provision, plus any hearing costs incurred by
the Board and the Agency.
Such penalties shall be made
payable to the Environmental Protection Trust Fund to
be used in accordance with the provisions of “An Act
creating the Environmental Protection Trust Fund”,
approved September 22,
1979,
as amended;
(415 ILCS
5/42(b) (4)
(1992).)
There are two such violations, therefore,
the total penalty to be
imposed against respondents is $1000.00.
Further, pursuant to Section 42(b) (4)
of the Act,
respondents are also required to pay hearing costs incurred by
the Board and Sangamon County.
The Clerk of the Board and
Sangamon County will therefore be ordered to each file a
statement of costs,
supported by affidavit, with the Board and
with service upon respondents.
Upon receipt and subsequent to
appropriate review, the Board will issue a final order in which
the respondents are ordered to pay the penalty and the issue of
costs
is addressed.
This opinion constitutes the Board’s interim findings of
fact and conclusions of law in this matter.
A final order shall
be issued pursuant to the interim order which follows.
3
INTERIM ORDER
1. Respondents, the Illinois National Bank of Springfield,
n/k/a First of America Trust Co. and Ray Landers, are
hereby found to have violated 415 ILCS 5/21(p) (1) and 21
(p) (3) (1992)
on June 15,
1993.
2. Sangamon County is hereby directed to file a statement of
its hearing costs,
supported by affidavit, with the Board
and with service upon Respondents, within 14 days of this
order.
Within the same 14 days, the Clerk of the Board
shall file a statement of the Board’s costs supported by
affidavit and with service on the Respondents.
3. Respondents are hereby given leave to file a
reply/objection to the filings ordered in paragraph 2 within
14 days of receipt of that information, but in no case later
than 40 days after the date of this order.
4.
After the deadline for filing such information and reply
thereto has expired the Board shall issue a final order
assessing the statutory penalty,
and making the appropriate
award of costs.
IT IS SO ORDERED.
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above inte~J.~nopinion and order
was adopted on the c~/-~-~
day of _______________________
1994,
by a vote of
~ -o
.
M~~1
~L.
/~~J
Dorothy N. ~
Clerk
Illinois PolWtion Control Board