ILLINOIS POLLUTION CONTROL BOARD
November 18, 1993
COUNTY OF JACKSON,
)
)
Complainant,
)
v.
)
AC 93—49
)
(County No. None)
PATRICK
CHEAK,
)
(Administrative Citation)
)
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 the County of
Jackson.
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 Patrick
Cheak on October
5,
1993.
The County of Jackson alleges that on
September 13,
1993,
Patrick Cheak, present owner and/or operator
of a facility located in the County of Jackson andcommonly known
to the Agency as Carbondale/Bernice Wallace, violated Sections
21(p) (1) and 21(p) (5) of the Act.
The statutory. penalty
established for these violations
is $500.00 pursuant to Section
42(b)(4)
of the Act.
Patrick Cheak 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 Patrick Cheak 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 ~ena1tv has already
been paid, within 30 days of the date of this order Patrick
Cheak shall, by certified check or money order payable to
the Jackson County Treasurer, pay a penalty in the amount of
$1,000.00, which is to be sent to:
Shirley Booker
Jackson County Treasurer’s Office
Jackson County Courthouse
Murphysboro, Illinois
62966
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 upaid 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
Boar
,
ereby certify t at the above order was adopted on the
I
day of
,
1993, by a vote of
—0
.
Illinois
Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOA D
~
-
4
1993
ADMINISTRATIVE
CITATION
POLLu~?~oArD
COUNTY
OF JACKSON,
)
Complainant,
v.
AC_________________
PATRICK CHEAK,
)
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to authority
vested in the Illinois Environmental Protection Agency by Ill. Rev.
Stat.
1991,
Ch.
ill 1/2,
par. 1031.1.
FACTS
1.
That Respondent
is the present owner and/or operator of
a facility located in the County of Jackson, State of Illinois..
2.
That said facility is an open dump, operating without
an Illinois Environmenal Protection Agency Operating Permit, and
designated with Site Code No.
0770150022.
Said facility is
commonly known to the Agency as Carbondale/Bernice Wallace.
3.
That Respondent has owned and/or operated said facility
at all times pertinent hereto.
4.
That on September 13,
1993 George Browning, Field
Inspector of the Jackson County Health Department,
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 George Browning, the
Field Inspector of the Jackson County Health Department has
determined that Respondent has caused or allowed open dumping
at
at the above described facility in a manner which resulted in the
following occurrences:
A.
That on September 13,
1993 an on—site inspection of
said facility disclosed the following:
Causing or allowing litter
(Ill. Rev. Stat.
1991,
ch.
ill
1/2, par.
1021(p) (1)
(formerly
1021(q) (1)3).
Causing or allowing scavenging operations
(Ill.
Rev.
Stat.
1991,
ch.
11.
1/2, par.
1021(p) (2)
formerly
1021(q) (2)).
Causing or allowing open burning
(Ill. Rev.
Stat.
1991,
ch.
111 1/2,
par.
1021(p) (3)
formerly
1021(q) (3)).
Causing or allowing the deposition of waste in
standing or flowing waters
(Ill. Rev.
Stat.
1991,
ch.
ill 1/2, par 1021(p)(4)
(formerly 102l(q)(4)3.
Causing or allowing proliferation of disease
vectors
(Ill. Rev.
Stat.
1991,
ch.
111 1/2, par
lO21(~(5)).
Causing or allowing the generation of standing
or flowing liquid discharge from the open dump
site (I11.Rev.Stat.
1991,ch. 111/1/2,
par.
1021(p)
(6)
(formerly
1021(q)
(6)).
CIVIL
PENALTY
Pursuant to Ill. Rev. Stat.
1991,
Ch.
111 1/2, par.
1042(b) (4), Respondent herein is subject to
a civil penalty of
Five Hundred Dollars
($500.00)
for each violation specified
above
in Paragraphs A-1
&
5,
for
a total of One Thousand Dollars
($1000.00).
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 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
October 28,
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 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
Jackson County Treasurer’s Office and mailed to the attention of
Shirley Booker, Jackson County Treasurer’s Office, Jackson County
Courthouse, Murphysboro, Illinois 62966.
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 or
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 o~
the 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
the
Illinois
Environmental
Protection
Agency
and
the
Illinois
Pollution Control Board, if any, the State’s.Attorney’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.
~
Ill. Rev.
Stat.
1991,
Ch.
lii 1/2, par.
1031.1.
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 Jackson
County
State’s
Attorney,
attention J.
Christopher Moore
at
the
Jackson
County
Courthouse,
Murphysboro,
Illinois
62966.
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 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 State’s Attorney at the Jackson County
Courthouse, Murphysboro, Illinois 62966.
Attention:
3.
Christopher
Moore.
Dated:
~
DOCUMENT
#0019A,
PAGE 82
(Rev.
03/27/91)
REMITTANCE
FORM
COUNTY
OF
JACKSON
)
Complaint,
EPA AC___________
PATRICK U-LEAK
)
Respondent.
)
)
FACILITY:
Carbondale/Bernice
Wallace
SITE CODE NO.:
0770150022
COUNTY:
JACKSON
CIVIL
PENALTY:
Sl000.oo
One
Thousand
dollars
DATE
OF
INSPECTION:
September
13,
1993
DATE
REMITTED:
_________________________
SS/FEIN
NUMBER: ___________________________
SIGNATURE:
____________________________
NOTE
Please enter the date of your remittance, your Social Sercurity
number
(SS) if
an individual or Federal Employer Identification Number (FEIN)
if a
corporation, and
sig~t
this Remittance Form.
Be sure your check is enclosed
and
mail, along with Remittance Form,
to Illinois Environmental Protection
Agency, Attn.: Fiscal Services, 2200 Churchill Road, P.O. Box 19276,
Springfield,
Illinois
62794—9276
INITIALS—
CORRESPONDENTS
ONLY!