ILLINOIS POLLUTION CONTROL BOARD
November
18,
1993
COUNTY OF JACKSON,
Complainant,
V.
)
AC 93—47
(County No. None)
RICHARD WALLACE,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a September 27, 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 Richard
Wallace on October 8,
1993.
The County of Jackson alleges that
on August 16,
1993,
Richard Wallace, present owner and/or
operator of a facility located in the County of Jackson and
commonly known to the Agency as Carbondale/Soutbwood Mobile Home
Park, 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.
Richard Wallace 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 Richard Wallace 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 ~enaltv has already
been paid,
within 30 days of the date of this order Richard
Wallace shall,
by certified check or money, order payable to
the Jackson County Treasurer, pay a penalty in the amount of
$500.00, 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 erders 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.
Gurin, Clerk of the Illinois Pollution Control
Board
h
eby certify.
hat the above order was adopted on the
/L
day of
,
1993, by a vote of
Dorothy M.
nn, Clerk
Illinois P
lution Control Board
I
RECEIVEb1
SEP
271993
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDI
LSIA~OF~9oARD
ADMINISTRATIVE CITATION
COUNTY OF JACKSON,
)
)
Complainant,
)
V.
)
AC
‘~
RICHARD
I
)
)
)
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to authority
vested in the Illinois Environmental Protection Agency by Ill. Rev.
Stat.
1991,
Ch.
111 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 Environxnenal Protection Agency Operating Permit, and
designated with Site Code No.
0778010018.
Said facility
is
commonly known to the Agency as Carbondale/Southwood Mobile Home
Park.
3.
That Respondent has owned and/or operated said facility
at all times pertinent hereto.
4.
That on August 16,
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 August
16,
1993 an on-site inspection of
said facility disclosed the following:
Causing or allowing litter
(Ill. Rev.
Stat.
1991,
ch.
111 1/2, par.
1021(p)(l)
formerly
1021(q) (1))
Causing or allowing
scavenging
operations
(Ill.
Rev.
Stat.
1991,
ch.
ill
1/2,
par.
1021(p)
(2)
formerly
1021(q)
(2)3).
Causing or allowing open burning
(Ill.
Rev.
Stat.
1991,
ch. ill 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.
111 1/2, par 1021(p)(4)
formerly
1021(q) (4).
______
CausL~ior allowing proliferation of disease
vectors
(Ill.
Rev. Stat.
1991,
ch.
111 1/2, par
1021(q) (5)).
Causing or allowing the generation of standing
or flowing ‘liquid discharge from the open dump
site
(I11.Rev.Stat. l991,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-i,
for a total of Five Hundred Dollars
($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 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 of
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.
11.
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
“tate’s Attorney,
attention
J.
Christopher Moore
at
the
Jackson
County
Courthouse,
Nurphysboro,
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: J. Christopher
Moore.
Dated:
I~
~
/
~
____________
J.
Chri~stopher
Moore
Assist
nt
State’s
Attorney
DOCUMENT #0019A, PAGE 82
(Rev.
03/27/91)
REMITTANCE
FORM
COUNTY
OF
JACKSON
)
Complaint,
)
EPA AC___________
RIQiARD
WALLACE
Respondent.
)
)
FACILITY:
~j~T~/
SOUTHWCOD j~ip
SITE
CODE
NO.:
~7780iO0i8
COUNTY:~JACKSON
CIVIL
PENALTY:
‘$50000
Five
Hundred
dollars
DATE
OF
INSPECTION:
August
16,
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
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
Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois
62794—9276
INITIALS—
CORRESPONDENTS
ONLY!