ILLINOIS POLLUTION CONTROL BOARD
September 23,
1993
SANGANON COUNTY,
Complainant,
v.
)
AC 93—31
(SCDPH—93—AC-6)
(Administrative Citation)
DINO SARTI, VICKI
SARTI,
and
SELECT ENVIRONMENTAL,
INC.,
)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon an August
6,
1993
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by Sangamori
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 Dm0 and
Vicki Sarti on August 7,
1993,
and upon Select Environmental on
August 4,
1993.
Sangamon County alleges that on June 25,
1993
Dino and Vicki Sarti,
and Select Environmental, present owners
and/or operators of a facility located in Sangamon County and
commonly known to the Agency as Clearlake/Select,
Inc.,
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.
Dm0 and Vicki Sarti, and Select Environmental have 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 Dino and Vicki Sarti, and Select Environmental,
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 penalty has already been
paid, within
30 days of the date of this order Dino and Vicki
Sarti,
and Select Environmental shall,
by certified check or
money order payable to the Sangamon County Public Health
Department, pay
a
penalty in the amount of $1,000.00, which
is
to be sent to:
2
James
D.
Stone
Director of Public Health
Sangamon County Department of Public Health
200 South Ninth Street
-
Room 301
Springfield,
Illinois 62701
2. Respondents 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~d, hereby certifyythat the above order was adopted on the
~
day of
,
1993,
by a vote of
7
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Dorothy N. ç~nn, Clerk
Illinois PQlIlution Control Board
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This
Administrative
Citation
is
issued
pursuant
to
authority vested
in the Illinois Environmental Protection Agency by
415
ILCS
5/31 .1
(1993),
and delegated to Sangamori County pursuant to 415 ILCS 5/4
(r)
(1993).
FACTS
1.
That
the
Respondents,
Dm0
Sarti
and
Vicki
Sarti
are
the
present
owners,
and
the
Respondent,
Select,
Environmental,
Inc.,
is
the
present
owner
of
a facility located in the County of Sangamon, 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.
1678050013.
Said
facility
is
corruonly
known to
the Agency
as
Clearlake/Select,
Inc.
3.
That
the
Respondents,
Dm0
Sarti and
Vicki
Sarti,
have
owned
said
facility,
and
the
Respondent,
Select
Environmental,
Inc.,
has
operated
said
facility,
at
all
times
pertinent
hereto.
4.
That
on
June
25,
1993,
Jerry
Ferguson,
Waste
Management
Specialist
with
the
SangalrKn
County
Department
of
Public
Health,
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.
VIOI~c1~s
On
the
basis
of
the
direct
observations
of
Jerry
Ferguson,
Sangamon
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
June
25,
1993,
an
on-site
inspection
of
said
facility
disclosed the following:
X
Causing
or allowing litter (415 ILCS 5/21
(p)
(1)
(1993)).
____
Causing
or allowing scavenging
operations
(415 ILCS
5/21
(p)
(2)
(1993).
X
Causing
or
allowing
open
burning
(415
ILCS
5/21
(p)
(3)
(1993)).
_____
Causing
or
allowing
the
deposition
of
waste
in
standing
or
flowing waters
(415 ILCS 5/21
(p)
(4)
(1993)).
____
Causing
or
allowing
proliferation
of
disease
vectors
(415
ILCS
5/21
(p)
(5)
(1993)).
_____
Causing
or
allowing the
generation
of
standing or
flowing
liquid discharge from the
open
dump site
(415
ILCS
5/21
(p)
(6)
(1993)).
CIV1
PENALTY
Pursuant
to
415
1LCS
5/42
(b)
(4)
(1993),
the Respondents herein is
are
subject
to a civil
penalty of Five
Hundred
Dollars
($500.00)
for each
violation
specified
above
in
Paragraph
A
and
subparagraphs
thereunder,
for
a
total
of
$1,000.00.
Additionally,
should
Respondents
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,
Respondents
shall
be
assessed
the
associated
hearing
costs
incurred
by
Sangarron County 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
35
days
from
the
date
of
service
of
this
Administrative
Citation.
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
oayment
is
made,
your
check
should
be
made
payable
to
the
Sangarnon
County
Public
Health
Department
and
mailed
to
the
attention
of
James
D.
Stone,
Director
of
Public
Health,
Sangamon
County
Department
of
Public
Health,
200
South
Ninth
Street,
Room
301,
Springfield,
Illinois,
62701.
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
acknowledgement,
default
or
finding
after
adjudicatory
hearing
is
not
paid
when
due,
the
Office
of
the
Illinois
Attorney
General
or
the
Office
of
the
Sangamon
County
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
Sangarron
County
Agency
and
the
Illinois
Pollution
Control
Board,
if
any,
the
Attorney
General’s
Office
or
the
Sangarron
County
State’s
Attorney
will
seek
to
recover
their
costs
of
litigation.
PRO~FUJREFt~~XN11F~TnING
TIES
AL~1INI~ATIVE
cITATKX~
You
have
the
right
to
contest
this
Administrative
Citation.
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
Sangarron
County
Department
of
Public
Health.
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
copy of
said
Petition
for
Review
filed
with
the
Sangarron
County
Department
of
Public
Health,
200
South
Ninth
Street,
Room
301,
Springfield,
Illinois,
62701.
The procedure for
filing
a
Petition
for
Review
can
be
found
in
415
ILCS
5/31.1
(1993),
and
Part
101
of
Title
35
of
Illinois
Administrative
Code.
Date:
August
4,
1993
JAMES
D.
S’IONE,
DIPECIOR
SANGAMON
(XXJNTY
DEPARrT4ENT
OF
PUBLIC
HEALTh
BY:
~f
/~‘~
RO
T
L.
SMITh
Prepared
by:
Robert
L.
Smith
200
South
Ninth
Street,
Room
402
Springfield,
Illinois
62701
(21 7)753—6690
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Respcuients.
AFflDAVIT
Affiant,
Jerry
Ferguson,
being
first
duly
sworn,
voluntarily
deposes
and
states as follows:
1.
Affiant
is
a
Waste
Management
Specialist
employed
by
the
Sangamon
County
Department
of
Public
Health
and
certified
by
the
Illinois
Environmental
Protection
Agency
and
has
been
so
employed
and
certified
at
all
times
pertinent
hereto.
2.
On
June
25,
1993,
between
3:15
p.m.
and
3:30 p.m.,
Affiant conducted
an
inspection
of
an
open
dump
owned
by
Dm0
Sarti
and
Vicki
Sarti,
located
in
Sangamon
County,
Illinois,
and
known
as
Clearlake/Select,
Inc.
Said
site
has
been
assigned Site
Code
No.
1678050013.
3.
Affiant inspected said facility by an on-site inspection
which
included
walking
and
photographing
the
site.
4.
As
a
result
of
the
material
actions
referred
to
in
paragraph
3
above,
Affiant
completed
the
Inspection
Report
form
attached
hereto
and
made
a
part
hereof,
which,
to
the
best
of
Affiant ‘s
knowledge
and
belief,
is
an
accurate
representation
of
Affiant’s
observations
and
factual
conclusions
with
respect
to
said
facility.
Subscribed
and
Sworn
to
before
me
this
4th
day
of
1~9gus
,
1993.
(~
JF :vah
NOTARY PUBLIC, STATE OF SLLiNOj~
MY COMMISSION EXPIRES 12-17.96
,ç
Fer~isoñ
d Wasth. Specia 1st
Sanganion
County
Department
of
Public
Health