ILLINOIS POLLUTION CONTROL BOARD
May 5,
1994
MONTOGMERY COUNTY,
)
Complainant,
v.
)
AC 94—14
)
(Administrative Citation)
JOHN O’BRIEN,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a March 21,
1994
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act (Act)
by Montgomery
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 John O’Brien
on March 16,
1994.
Montgomery County alleges that on February
14,
1994, John O’Brien, present owner and/or operator of a
facility located in Montgomery County and commonly known to the
County as 2005 Kiar Avenue, 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.
John O’Brien 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 John O’Brien, 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 John O’Brien
shall,
by certified check or money order payable to the
Montgomery County Treasurer, pay a penalty in the amount of
$500.00, which is to be sent to:
Tom Larson, Director
Montgomery County Department of Public Health
South Route 185
Hilisboro,
Illinois 62049
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
2
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.
Adin.
Code 101.246,
Motions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board~hereby certify that the above order was adopted on the
5~+~
day of
—~~‘--.-,
,
1994, by a vote of
/
/
Dorothy M.
•~tmnn, Clerk
Illinois P~lutionControl Board
RECEIVED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
MAR
21 1994
ADMINISTRATIVE
CITATION
POLLUTION
CONTI?OL BOARD
~kONTGOMERY
COUNTY,
)
ILLINOIS,
)
Complanant,
)
,)47C:
~
~/
(/7
JOHN
O’BRIEN,
)
Respondent.
)
)
JURISDICTION
This Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental
Protection
Agency
by
Illinois
Compiled
Statutes,
Chapter
415,
Paragraph
5/31-1
and
delegated
to
Montgomery
County,
illinois,
pursuant
to
Illinois
Compiled
Statutes,
Chapter
415,
Paragraph
514.
FACTS
1.
The
Respondent
is the
present
operator
of
an
open
dump
located
in Montgomery
County,
State
of
Illinois
in
the
Village
of
Schram
City,
commonly
referred
to
as
2005
KIar
Avenue,
and
referred
to herein
as
Site
No.
1350600001.
2.
That
said
facility
is
not a sanitary
run special
waste
landfill,
and
that
no
permits
have
been
issued to
John
O’Brien, record
owner
of
the
property,
for
said
purpose.
3.
That
Respondent
has
owned
and/or
operated
said facility
at
all
times
pertinent
hereto.
4.
That
on
February
14,
1994,
Weldon
Kunzeman
of
the
Montgomery
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
1.
On the
basis
of
direct
observation
of
Weldon
Kunzeman,
on
February
14,
1994, the
Complainant
has determined
that
respondent
has
operated
the
above-described
facility
in
the
kllowing
manner:
a.
That
John
O’Brien
has
allowed the
open
dumping
of
waste
in a
manner
resulting
in
litter,
more
particularly
described
on
Page
3 of
the
attached
Inspection
Report,
incorporated
herein
by
reference.
2.
That
the
action
described
in
Paragraph
Ia,
above
constitutes
a
violation
of
Illinois
Compiled
Statutes,
Chapter
415,
Paragraph
5/21
(p)
(1).
CIVIL
PENALTY
Pursuant
to
Illinois
Compiled
Statutes,
1991,
Chapter
415,
Paragraph
5/42
(b)
(4),
Respondent
herein
is subject
to
civil
penalty
of
Five
Hundred
Dollars
($500.00)
for each
violation
specified
above
in Paragraph
Ia (Violations),
for
a
total
of
$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,
Montgomery
County,
illinois,
and
the
Illinois Pollution
Control
Board,
in
addition
to
the
Five
Hundred
Dollars
($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
April
22,
1994
.
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
Montgomery
County
Treasurer
and
mailed
to
the
attention
of
Mr.
Tom
Larson,
Director,
Montgomery
County
Health
Department,
South Route
185,
Ilillsboro,
Illinois
62049.
Also,
please
complete
and
return
the
enclosed
Remittance
Form,
along
with
your
payment,
to assure
proper
documentation
of
payment,
50
of
which
payment
must
be
forwarded
to
the
Agency.
If
any
civil
penalty,
by
reason
of
acknowledgment,
default
or
finding
after
adjudicatory
hearing,
is
not
paid
when
due,
the
Illinois
Environmental
Protection
Agency
shall take
into
consideration
such
failure
to
pay
during
any
permit
review
process
upon
your
application
for a
new permit
or
for renewal
of
an
existing
permit.
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.
Furthermore,
if payment
is
not
received
when due,
the
Office
of
the
illinois
Attorney
General
or
State’s
Attorney
for
Montgomery
County,
Illinois
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,
Montgomery
County,
Illinois,
and the
Illinois
Pollution
Control
Board,
if any,
the
Attorney
General’s Office
or
Montgomery
County,
illinois
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.
See
Illinois
Compiled
Statutes,
1991,
Chapter
415,
Paragraph
5/31.1.
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
mailed to
the
Montgomery
County
State’s
Attorney.
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
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 courtesy
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.
IN
THE
CIRCUIT
COURT
OF
THE
FOURTH
JUDICIAL
CIRCUIT
MONTGOMERY
COUNTY,
ILLINOIS
MONTGOMERY
COUNTY,
)
ILLINOIS,
)
Complainant,
/.
~
VS.
NO.
(~~~CL-
/7
JOHN
O’BRIEN,
)
Respondent.
)
REMITTANCE
FORM
FACILITY:
Schram
City/O’Brien
Open
Dump
SITE
CODE
NO.
1350600001
COUNTY:
Montgomery
CIVIL
PENALTY:
$500.00
DATE
OF
INSPECTION:
February
14,
1994
DATE
REMITTED:
~S/FEIN
NUMBER:
SIGNATURE _________________________________
NOTE
Please
enter
the
date
of
your
remittance,
your
Social
Security
Number
(SS)
if any
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
Mr.
Tom
Larson,
Director,
Montgomery
County
Health
Department,
South
Route
185,
Hillsboro,
illinois
62049.
The
check
should
be
made
payable
to
the
Montgomery
County
Treasurer.
Fifty
per
cent
(50)
of
the
penalty
shall be
forwarded
by
Montgomery
County
to
the
Iffinois
Environ-
mental
Protection
Agency.
Attention:
Division
of
Legal
Counsel,
and a
copy
of
said
Petition
for review
mailed
to
5thryn
Dobrinic,
Montgomery
County
State’s
Attorney,
Montgomery
County
Courthouse,
Hillsboro,
illinois
62049.
MONTGOMERY
COUNTY,
ILLINOIS
BY:
~
KATHRYN
DOBRINIC
Montgomery
County
State’s
Attorney
Prepared
by:
Kathryn
Dobrinic
Montgomery
County
State’s
Attorney
Montgomery
County
Courthouse
Hillsboro,
Illinois
62049