ILLINOIS POLLUTION CONTROL BOARD

Noveniber 18,

1993

SANGAMON

COUNTY,

Complainant,

V.

)

AC

93—50

(SCDPH-93—AC—10)

)

(Administrative Citation)

PETER

RAPACZ,

Respondent.

ORDER

OF THE BOARD:

This matter comes before the Board upon an October

4,

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 Peter Rapacz

on October 2,

1993.

Sangamon County alleges that on August 23,

1993,

Peter Rapacz, present owner and/or operator of a facility

located in Sangamon County and commonly known to the Agency as

Clearlake Township/Pete’s Heating and Cooling, violated Sections

21(p) (1) 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.

Peter Rapacz 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 Peter Rapacz, has

violated the provisions 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 Denalty has already been

paid, within 30 days of the date of this order Peter Rapacz

shall, by certified check or money order payable to the

Sangamon County Public Health Department, pay a penalty in the

amount of $l,000.OG, 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

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

Boa

ereby certify

hat the above order was adopted on the

_______

day of

,

1993, bye vote of

I

Dorothy M.

n, Clerk

Illinois

0

lution Control Board

---

aE ¶I!IE n.LI~IS

~

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L..LF

NKINIA~LVECL’I~

I

OCT-41993

~r~b~i~i

axr~PY.

I

STATE Op ILUM)IS

O:,p1~iri;int,

~

~

~

~iinistrative

~tati~zi

—vs—

)

~II’H—93—AC—1O

)

Peter

Ra~zcz,

)

)

)

This

Aãninistrative

Citation

is

issued

pursuant

to

autlxrity

vested

in

the

Illir~is

Envircunental

Protection

Agency

by

415 ~

~/31.1

(19~3),

and delegated

to

SangarI~nCounty

pursuant

to

415 flL~5/4

(r)

(1993).

1.

That the Respor~nt,Peter Rapacz, is

-

of a

facility

located

in

the

O~nty

of Sanganrzi,

2.

That

said

facility

is

an

open

dtinp,

i

Environmental

Protection

Agency

Operating

Code

No.

1670350002.

Said

facility

is

Clearlake

Twp./Pete’s Heating and Cooling.

3.

That

the

Respondent,

Peter

Rapacz,~~

~Q~nea

ar~çperalec3

said

‘*:~~

operated

said

facility, at all tines

pertinent

4.

That

on

August

23,

1993, ~~iani

Manag~nentSpecialists

with

the

Sangain~xI

inspected

the

above

described

facility.

A ~cc

setting

forth

the

results

of

such

inspection

apart

hereof.

---

vIcI~

On

the

basis

of

the

direct

c*,servations

of

Brian

W,od

and

Allen

Alexander,

Sanganon

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

23,

1993,

an

on-site

inspection of

said

facility

disclosed

the

following:

x

Causing

or

allowing

litter

(415 IlLS 5/21

(p)

(1)

(1993)).

_____

Causing

or

allowing

scavenging

operations

(415 IlLS 5/21

(p)

(2) (1993).

x

Causing

or

allowing open b~rning

(415

UJCS

5/21

(p)

(3)

(1993)).

_____

Causing

or

allowing

the

deposition

of ~ste

‘in

standing

or

flowing

~ters

(415ILCS

5/21

(p)

(4)

(1993)).

____

Causing or

allowing

proliferation

of dis~ase‘vectors (415 ILCS

5/21

(p)

(5) (1993)).

_____

Causing

or

allowing

the

generati

f’~btanding or

flowing

liquid

discharge

ficia

the

open

d”np

site

(415 IlLS 5/21

(p)

(6)

(1993)).

~VTh

~

:.~

Pursuant

to

415

IlLS

5/42

(b)

(4)

(,

herein

is

subject

to

a

civil

~p~alty

of

Five

00)

for

each

violation

specified

above

in

Paragraph

A

thereunder,

for

a

total

of $1,000.00.

to

petition

the

Illinois

Pollution

Contrc’

described herein below,

and if there is a

--

herein,

after

an

adjudicatory

hearing,

Respc~~i~1t

assessed

the

associated

hearing

ccsts

incurred

by

San~non Qxinty

and

the

Illinois

Pollution

Control Board,

in aklition to the Five

Hundred Dollars

($500.00)

---

statutory

penalty

for

each

finding

of

violation.

If you

ackrxwl~gethe

violations

cited

hereinabc’ve,

the

civil

penalty

specified

above

shall

be

due

and

payable

ro

later

than

35

days

fran

the

date

of

service

of

this

Aãninistrative

Citation.

If

you

&

not

petition

the

Illinois

Pollution

Control

Board

for

review

of

this

Acuidnistrative

Citation

within

thirty—five

(35)

days

of

service

hereof

or

if

you

elect

to

cx~itest

this

At~ninistrative Citation,

any

judgment

rendered

against

you

shall

specify

the

due

date

of

the

statutory

civil

penalty

and

any

ixsts

assessed

against

you.

~

When

payment

is

made,

your

check

should

be

m~ñ~

payable

to

the

Sangan~n

~

county

Public

Health

Department

and mailed

to the

attentiai

àf

James

~

Director

of

Public

Health,

Sangancri

County .V~rtnent

e~~c

~

th,

200

South

Ninth

Street,

Roan

301,

Springfield,

Illinois,

62701.

Also,

please

ccz~plete and

return

the

enclosed

R~nittance Form,

a1on~ñth

your

payment,

to

assure

proper

c~c~x~ntation

of

payment.

-

If

any

civil

penalty

imposed

by

the

Illinois

I

•~~kti:o1Board

•:~-‘~-

is

not,

paid

within

the

tiim~prescribed

in

the

,

‘

t

~ Sixth

penalty

will

be

assessed

for

the

period

fran

the

~

date

payment

is

received.

If

any

civil

penalty,

by

reaicn~9

~

~

.

-

default

or

finding

after

adjudicatory

hearing

is

ndt

paid

when

je~Office

of.

the

Illinois

Attorney

General

or

the

Office

of the

Sarh~non

~m

ty State ~s

Atton’~yshall

be

requested

to

initiate

proceedings

in

Circuit

Oxirt

to

ocilect

said civil

penalty.

In ~i1tion to the

~evi~2S1~.

~ásàeèsed

civil

penalty,

interest,

and

bearing

ccsts

of

Sanganon O~mtyAgency~t~

~

Illinois

Pollution

Control

Board,

if

any,

the

Attorney.~é’e~al’sOffice

or

the

Sanganon

County

Stat&s

Attorney

will

seek

to

reccve~

~

of

litigation.

---

F~R

UX(1~ZJ.N1

ThIS

~NI~A~VE

~TA~

YOU

have

the

right

to

cxr&test

this

A±iinistrative

Citation.

If you

elect

to

contest

this

1ãninistrative

Citation,

you

must

file

a

Petition

for

Review

with

the

Clerk

of the

Illinois

Pollution

Control

Board.

A

ocpy

of

the

Petition

for

Review

should

be

filed

with

the

Sanga~xziQxinty

Department

of

Public

Health.

Such

Petition

for

Review

must

be

filed

within thirty-five

(35) days of the date of service of

this

Mninistrative

Citatiat,

cr

a

default

judga~nt shall

be

entered

by

the

Pollution

Control

Board.

Petition

for

Review

may

be

filed

with

the

Clerk

of

the

I1lir~iS

~l1utiá’~-1

Board

at the

State

of

Illinois

~nter,

100

West

Raz~1ph, Luite

I

i—5OO,~øiice~,

Illixxis,

60601;

and

a

ocpy

of said Petition for Review filed

with the

Sanganon

County

Department

of

Public

Health,

200 Soth

Ninth

‘Street,

1~xxn

301,

Springfield,

Illinois,

62701.

~

procedure

for

filing

a-Petition

for

Review

can

‘be

found

in

415

IlLS

5/31 .1

(1993),

and

Part

101 of

Title

35 of

Illinois

Aãninistrative

Qxie.

Date:

Septenber

29, 1993

JAMES D.

S1~VE,DIR~l~

-

~1!4E~T

~‘1~UBLIC H~IID!

BY:_

~1~(T

L. 9~’1~I.

Prepared

by:

Robert

L.

&nith

200

South

Ninth Street,

Roan

402

Springfield,

Illinois

62701

(217)753—6690

JDS/RLS/AA/WIJ/JF:vah

---

RENF11~FQ~

SN~

awrY,

Qirplainant,

)

I~ ~A-

Y~5—So

P~nin1strative

citation

—vs-

)

~1WH-93—AC—10

___________

)

P~ft1~

RAP~,

Respu~1ent.

FACILITY:

CLFAPL~KE‘IWP.

/P~i~

S

HEATING

&

CXX)LING

SITE (DDE NO.:

1670350002

aXINrY:

SANGAMON

CIVIL

PENALTY:

$1 ,000.00

DATE

OF

INSPECrION:

AUGUST

23,

1993

DATE RE~4rITED:

______________

S.S.#/FE.I.N.:

____________________________

SI~A’IURE: _________________________________

Please enter

the

date

of

your

ranittance,

your Social Security

ntmiber

(S.S.#)

if an

individual,

or your

Federal ~loyer

Identification Number

(F.E.I.N.)

if

a

corporation,

and

sign

this Ranittance ~r.iu.Be sure that your check

is

enclosed

and

mail, along with

this

form,

to

James

D.

Stone,

Director,

Sangamn (Yxinty Department

of

Public

Health,

200

South

9th

Street, Roan

301,

Springfield,

Illinois,

62701.

JDS:vh

---

ThE

ULflUIS

~zm~

~

A~H?~VE

~

-.

)

)

Qx~ilainant,

)

P~9

~-

k~1n1strative~tation

-vs-

)

__________

)

~

RAP&~,

)

)

)

AW~VIT

Affiant,

Allen

kiexander,

being ,.first

duly .a~,

voluntarily

deposes

and states as

foll~s:

‘

‘

1

•

Affiant

is

a

Waste

tlanagenent Specialist anplc~ed~by the Sançaixrz~

County

Departn~nt

of

Public

Health and

certified

by

the

Illinois ~wircz~ita1

Protection

Agency

and

‘has

been

so

anployed

and ~,artified

at

all

t-ivr~s

~tinent

hereto.

‘

~

•.~.

.~,

2.

On

August

23,

1993,

between

9:00

a.m.

:1b

a.m.,

Affiant

ccrx~uctedan inspection of an open dunp owned an

..~apacz

and

located

in Sangancn Qxznty,’ Illinois, and

rwp./Pete’a

~Heating&

C~ling.

-

Said

site ‘1~s1beei

-

-

3.

Affiant

inspected

said

facility

-

inoluded walking and photogra~ingthe

site.

.4

•

As a result

of the

material a~

-

Affiant

ociupleted the Inspection Report’

form

hereof,

which,

to

the best of

Affiant’ a

representation of

Affiant’

S

observaticxis ar~