ILLINOIS POLLUTION CONTROL BOARD
November 18,
1993
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
)
v.
)
AC 93—48
)
(IEPA No.
629—93—AC)
RAYMOND CARTER and
PAMELA
CARTER,
)
(Administrative Citation)
Respondents.
ORDER OF THE
BOARD:
This matter comes before the Board upon an October
1,
1993
filing of an Administrative Citation pursuant to Section
31..1 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 Raymond and Pamela Carter
on September 30,
1993.
The Agency alleges that on August 11,
1993, Raymond and Pamela Carter, present owners and/or operators
of a facility located in Macoupin County, and commonly known to
the Agency as Mt. Olive/Carter, 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.
Raymond and Pamela Carter 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 Raymond and
Pamela Carter 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 Raymond
and Pamela Carter 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 $500.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL
62706
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 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.
.1, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Bo
ereby certif
that the above order was adopted on the
day of
,
1993, by a vote of
5—?~
Dorothy M.
nn, Clerk.
Illinois
o lution Control Board
r~1VED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
OCT
-
11993
PQLLu~~~NOIS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
AC___________________
v.
)
(IEPA No.
629—93—AC)
)
RAYMOND CARTER AND PAMELA
S.
CARTER,
)
)
Respondents.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in the
Illinois Environmental Protection Agency
by Ill. Rev. Stat.
ch.
ill
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 Macoupin, 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.
1178050007.
Said facility
is commonly known to the Agency
as
Mt. Olive/Carter.
3.
That Respondents have owned and/or operated said facility
at
all
times
pertinent hereto.
4.
That on August
11,
1993, William Walkenbach,
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.
VIOLATIONS
On the
basis of direct observation of William Walkenbach,
the
Illinois
Environmental
Protection Agency has determined that Respondents h~”cca~c~d
or
allowed open dumping at
the above described facility
in a manner which
resulted in the following occurrences:
A.
That on August
11,
1993 an on—site
inspection of said facility
disclosed the following:
(1)
Causing or allowing litter
(Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1021(p)(1)
(1991) (formerly 102l(q)(l)).
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 the violation specified above
In Paragraph A.
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, Respondents
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
5,
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
you elect
to contest this Administrative Citation, any judgment rendered
—2—
aga1rs~tyou shall
specify the due date
of
the
statutory
civil penalty and any
costs
•ssessed
against
you.
Nhen
payment
Is made, your check
should
be
suede
payable
to
the
Illinois
Environmental
Protection Trust Fund and salted to the attention of Fiscal
Services,
Illinois
Environmental
Protection Agency, 2200
Churchill
Road,
P.O.
Box 19276, Springfield, Illinois 62794—9276.
Also, pleas. couplets and return
the enclosed Remittance Forr, 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 c~ll~ct
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.
paoc~oim~
FOR
COffl’ESflNG
ThIs
AI1NINISTRAT~Y~
CI~ATI~~
You
h*v•
the right to contest this Administrative Citation. Lu Ill. Rev.
Stat. ch.~!ll1/2, pan.
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
tI1inol~
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
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 Illinois Environmental
Protection Agency at 2200 Churchill
Road,
P.O.
Box
19276, SprIngfield,
Illinois 62794—9276,
Attention:
Division of Legal
Counsel.
22’2
A.
6~J-~-
Mary A~’~de,
Director
.4~
‘~.rt-~
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:
September
27,
1993
jar/i 648v
,72—75
—4—
RECEIVED
REMITTANCE FORM
OCT
-
1
1993
STATE OF tLUNOIS
ILLINOIS ENVIRONMENTAL PROTECTION AGENC~,
)
pOj10t’~ CONTROL
BOARPJ
Comp
1
a I nant,
)
4~ ~
v.
)
EPA 629—93—AC
)
RAYMOND CARTER AND PAMELA S. CARTER,
)
)
Respondents.
)
FACILITY:
Mt. Olive/Carter
SITE CODE NO.:
1118050007
COUNTY:
Macoupin
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
August 11,
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 (FUN)
if a
corporation,
and sign this Remittance Form.
Be sure your check
Is enclosed
and mail,
along with Remittance Form,
to Illinois Environmental Protection
Agency, Attn.:
Fiscal Services, 2200 ~hurchl1l
Road, P.O.
Box 19276,
Springfield,
IllinoIs 62794—9276.
jar/1648v,76