ILLINOIS
POLLUTION CONTROL BOARD
January
5,
1989
IN
THE MATTER
OF:
JOHN
R.
VANDER,
)
AC 88-99
(IEPA Docket
No. 9272-AC)
Respondent.
ORDER
OF
THE
BOARD:
This
matter
comes before
the Board
upon
a November
21,
1988
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.
Service of
the
Administrative Citation was made upon John Vander
on
November
21,
1988.
The
Agency
alleges that
John
Vander
has
violated
Sections
21(q) (1),
21(q) (2), 21(q)
(3),
21(q) (4),
21
(
q)
(5)
and
21(q) (6)
of
the
Act.
The
statutory
penalty
established
for
each
of
these
violations
is
$500.00
pursuant
to
Section
42(b)(4)
of
the
Act.
John
Vander
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 Vander
has violated
each
and every
provision alleged
in the Administrative
Citation.
Since there
are
six
(6)
such
violations,
the
total
penalty
to
be imposed
is
set
at
$3,000.00.
It
is hereby ordered
that, unless
the
penalty
has already
been
paid,
within
30
days
of
the~ate
of
this
Order
John
Vander
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 $3,000.00
which
is
to
be
sent
to:
Illinois
Environmental
Protection
Agency
Fiscal
Services Division
2200 Churchill
Road
Springfield,
IL
62706
IT
IS
SO ORDERED.
95—125
—2-
I,
Dorothy
M.
Gunn, Clerk
of the Illinois
Pollution Control
Board,
hereby
certi
that
the above
Order was
adopted
on the
5’~Z
day
of
,
1989,
by
a vote of
7_O
Dorothy
M. Gt4~,Clerk
Illinois Pol~4itionControl
Board
95—126
~1_~j”~.
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
IW—
ADMINISTRATIVE CITATION
2
i
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
~
v.
)
IEPA DOCKET NO.
9272—AC
JOHN
R.
VANDER,
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in the Illinois Environmental Protection Agency by
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1031.1.
FACTS
1.
That Respondent
is the present owner and/or operator of a
facility located
in
the County of Williamson, State of Illinois.
2.
That said facility is
an open dump,
operating without an
Illinois Environmental Protection Agency Operating Permit,
and desig-
nated with Site Code No.
1990400001.
Said facility
is commonly known
to the Agency
as
Herrin/Vander.
3.
That Respondent has owned and/or operated said facility at
all times pertinent hereto.
4.
That on October 14,
1988,
Thomas
Edmondson, of the Illinois
Environmental
Protection Agency, 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 Thomas Edmondson,
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 October
14, 1988 an on-site inspection
of said facility
disclosed the following:
(i)
Causing or allowing litter (Section
21(q)(l)
o.f the
Act).
(ii)
Causing or allowing scavenging operations
(Section
21(q)(2) of the Act).
(iii)
Causing or allowing open burning (Section 21(q)(3) of
the Act).
(iv)
Causing or allowing the deposition of waste in standing
or flowing waters (Section 21(q)(4) of the Act).
(v)
Causing or allowing proliferation of disease vectors
(Section 21(q)(5)
of the Act).
(vi)
Causing or allowing the generation
of standing or flowing
liquid discharge from the open dump site (Section 2l(q)(6)
of the Act).
CIVIL PENALTY
Pursuant to Ill.
Rev.
Stat.
1987, ch.
111½,
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) through
A(vi),
for
a total
of Three Thousand Dollars
($3,000.00).
Additionally,
2
95—128
should Respondent elect
to petition the Illinois Pollution Control
Board under the review process described hereinbelow, 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 December
28,
~988.
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
Illinois
Environmental
Protection Trust fund and mailed
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, by reason of acknowledgment,
default or
finding after adjudicatory hearing
is not paid when due,
the Offices
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, and hearing costs of the Illinois
3
95—129
Environmental
Protection Agency and the
Illinois Pollution Control
Board,
if
any; t~eAttorney 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.
1987,
ch.
111½,
par. 1031.1.
if you elect to contest
this Administrative Citation, you must file
a Petition for Review with
the Clerk
of t~eIllinois Pollution Control
Board.
A copy of the Petition
for Review should
be filed with the Illinois Environmental
Protection
Agency.
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 Illinois Environmental Protection Agency
at
2200 Churchill
Road,
P.O. Box
19276,
Springfield,
Illinois
62794—9276,
Attention:
Enforcement Services.
~‘.
f~L~2~L~—
/~~__
Bernard
P.
Killian, Director
Illinois Environmental Protection Agency
Prepared
by:
William Seltzer
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box
19276
Soringfield,
IL
62794-9276
(217)782-5544
95—130
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