ILLINOIS POLLUTION CONTROL BOARD
    July
    1,
    1993
    WAYNE
    COUNTY
    HEALTH
    )
    DEPARTMENT,
    Complainant,
    )
    AC
    93-7
    )
    (County
    Docket
    No.
    1—93)
    v.
    )
    (Administrative
    Citation)
    )
    WILLIAM G. BUCKLES,
    JR.,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (N.
    Nardulli):
    This matter comes before the Board upon a February 10,
    1993,
    filing of an Administrative Citation pursuant to Section 31.1
    of
    the Illinois Environmental Protection Act (Act) by the Wayne County
    Health Department (County).
    A copy of that Administrative Citation
    is attached hereto, but will not be printed in the Board’s Opinion
    Volumes.
    The County alleges that on December 17,
    1992, William G.
    Buckles, present owner of a facility conuiionly known to the Agency
    as Fox Dumpsite, located in Wayne County, 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.
    On
    April
    22,
    1993,
    the
    Board
    dismissed this
    case
    because
    complainant failed to prove that the respondent had been properly
    served.
    On June 3,
    1993, the Board issued an Order re-opening this
    docket based on evidence that the respondent had been served.
    The
    record
    indicates service of the Administrative Citation was made
    upon William G. Buckles on February
    10,
    1993.
    Mr. Buckles 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
    3l.l(d)(1),
    the
    Board
    finds
    that Mr.
    Buckles has violated each
    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 William
    G.
    Buckles 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
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    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, Motion for Reconsideration.)
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above order was adopted on the
    /~
    day of
    ,
    1993,
    by a vote of
    7
    ~
    /
    1~
    -
    ~,
    ~
    Dorothy N. Q~nn,Clerk
    Illinois Pollution Control Board
    ç
    ~—•
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARtY~
    ~
    ADMINISTRATIVE CITATION
    WAYNE COUNTY HEALTH DEPARTMENT,
    )
    Complainant,
    V.
    )
    AC~
    -7
    )
    County No.
    1-93
    WILLIAM
    G. BUCKLES,
    JR.
    )
    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 Wayne,
    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.
    1910350002.
    Said
    facility
    is
    commonly known to the Agency as the Fox Dumpsite.
    3. That Respondent has owned and/or operated said facility at
    all times pertinent hereto.
    4. That on
    12-17-92, Clark
    D.
    Griffith,
    of the Wayne 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 the direct observation of the Fox Dumpsite,
    the
    Wayne
    County Health Department 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
    12-17-92
    an on-site inspection
    of said facility
    disclosed the
    following:
    1.
    X
    Causing or
    allowing litter
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1021(p)(1)
    formerly
    1021(q)(1)
    )
    2.
    _____
    Causing
    or
    allowing
    scavenging
    operations
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1021(p)(2)
    formerly
    1021(q)(2)J).
    3.
    _____
    Causing or allowing open burning
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1021(p)(3)
    formerly
    1021(q) (3))).
    4.
    _____
    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
    102(g)(4))).
    5.
    _____
    Causing
    or
    allowing
    proliferation
    of
    disease
    vectors
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2, par.
    1021(p) (5)
    formerly
    1021(q) (5)).
    6.
    _____
    Causing or allowing the generation of
    standing or
    flowing
    liquid
    discharge from the
    open dump site
    (Ill. Rev. Stat.
    1991,
    ch.
    111
    1/2, par. lO2l(p)(6)
    formerly
    l021(q)(6))).
    CIVIL PENALTY
    Pursuant
    to
    111.
    Rev.
    Stat.
    1991,
    Ch.
    111
    1/2,
    par.
    l042(b)(4), Respondent herein is subject to a civil penalty of Five
    Hundred
    Dollars
    ($500.00)
    for each violation specified above
    in
    Paragraph
    Al,
    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 ~ayne County Health Department
    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
    ?‘~arch 24,
    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
    Wayne
    County
    Treasurer
    and
    mailed
    to
    the
    attention
    of
    Gayla
    Vaughan,
    Wayne
    County
    Treasurer,
    Wayne
    County
    Courthouse,
    Fairfield,
    Illinois 62837.
    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 Wayne 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 the Illinois
    Environmental Protection Agency and the illinois Pollution Control
    Board,
    if
    any,
    the
    State’s Attorney 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.
    111 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 Wayne
    County State’s Attorney, Attention: Barry L. Vaughan, Wayne County
    Courthouse,
    Fairfield,
    Illinois
    62837.
    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
    State’s Attorney at the Wayne County Courthouse,
    Fairfield,
    Illinois 62837, Attention: Barry L. Vaughan.
    ~
    Barr4~L.Vaughan
    ~j
    Wayne County State’s Attorney
    DATE:________________
    FEB~93
    U’
    REMITTANCE FORM
    LJUJ_____________
    STATE OF
    ILLINOIS
    WAYNE
    COUNTY HEALTH DEPARTMENT,
    )
    POLLUTION
    CONTROL
    BOAR~_~.
    Complainant,
    V.
    )
    AC~ /~,7
    County No.
    1-93
    WILLIAM G.
    BUCKLES,
    JR.
    Respondent.
    FACILITY:
    Fox
    Dumpsite
    SITE
    CODE
    NO.:
    1910350002
    COUNTY:
    Wayne
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    12-17-92
    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
    corporation,
    and sign
    this Remittance
    Form.
    Be
    sure your check
    is enclosed and mail,
    along with Remittance Form,
    to
    Wayne
    County
    Treasurer’s
    Office,
    Wayne
    County
    Courthouse,
    Fairfield,
    Illinois 62837

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