ILLINOIS POLLUTION CONTROL BOARD
September 23,
1993
ILLINOIS ENVIRONMENTAL,
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 93—32
(IEPA No. 476-93—AC)
BURNS
ALEXANDER,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an August
9,
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 Burns Alexander on August
9,
1993.
The Agency alleges that on June
29, 1993,
Burns
Alexander,
present owner and/or operator of a facility located in
Peoria County,
and commonly known to the Agency as
Bellevue/Alexander Property,
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.
Burns Alexander 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 Burns Alexander 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 Burns Alexander
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, Illinois
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
this 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
Boarc~, hereby certify ~hat~ie~
above order was adopted on the
~fl’~’~ day of
,
1993,
by a vote of
p
t,
/
~
./~_.
2~
-‘
~
/
Dorothy M.,/~unn, Clerk
Illinois Pollution Control Board
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOA1~D
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
) AC_~~~
V.
)
(IEPA
No.
476—93-AC)
BURNS ALEXANDER,
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in
the
Illinois Environmental
Protection Agency
by
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1031.1
(1991).
FACTS
1.
That Respondent
is
the present owner and/or operator of
a facility
located
in
the County of Peoria,
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.
1430100003.
Said facility
is
commonly known
to
the Agency
as
Bel levue/Alexarider Property.
3.
That Respondent has owned
and/or operated said facility at
all
times
pertinent
hereto.
4.
That on
June 29,
1993,
Eugene Figge,
of
the Illinois
Environmental
Protection Agency,
inspected
the above described facility.
~ copy of the
inspection report setting forth
the results
of such inspectic~’
attached
hereto and made
a
part hereof.
YI0LATIO~
On
the basis
of direct observation of
Eugene
Figge.
the
Illinois
Environmental
Protection Agency 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 June
29,
1993 an on—site inspection of said facility
disclosed the following:
(1)
Causing or allowing
litter
(Ill.
Rev. Stat.
ch.
111
1/2,
para.
l02l(p)(l)
(1991)
formerly
l021(q)(1))).
CIVIL PENALTY
Pursuant to
Ill.
Rev. Stat.
ch.
111
1/2,
para.
1042(b)(4)
(1991),
Respondent herein
is
subject
to a civil
penalty of Five Hundred Dollars
($500.00) for the violation specified above
in Paragraph
A.
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.
If you acknowledge the violations
cited hereinabove,
the civil
penalty
specified above
shall
be due and payable
no
later
than
September
11,
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 y~i~
~
~pecifythe due date of the statutory civil
penalty and any
costs assessed against you.
When payment
i
s made,
your check
should
be made payable
to
the
Ill
i noi s
Environmental
Protection Trust
Fund and mai led
to
the attention of
Fiscal
Services, Illinois Environmental Protection Agency, 2200 Churchill
Road,
P.O.
Box 19276,
Springfield,
Illinois
62794—9276.
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 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 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 Attorney General’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.
ch.
111
1/2,
para.
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 Illinoi:
E~’.,ronmentalProtection Agency.
Such
Petition
for Review
niv~t
be filed within thirty—five
(35) days of
the
date of
3
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 Nest 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.
Illinois Environmental
Protection Agency
Prepared by:
Richard C.
Narrington,
Jr.
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box
19276
Springfield,
IL
62794—927.6
21 7/782—5544
Date:
_____________________
rmi/l4l2v/sp,
1—4
4
REM1
TA~EFORM
ILLINOIS ENVIRONMENTAL PROTECTION AGEN:y,
)
)
Complainant,
)
,~
~/C~~
~
v.
)
EPA 476—93—AC
BURNS ALEXANDER,
)
Respondent.
FACILITY:
Bellevue/Alexander Property
SITE CODE NO.:
1430100003
COUNTY:
Peoria
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
June
29,
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
(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.
rmi/l412v/sp,
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