ILLINOIS POLLUTION CONTROL BOARD

January

5,

1989

IN

 THE MATTER

OF:

)

EDWARD WARE,

)

 AC 88-98

(IEPA Docket

No.

 9271—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 Edward

 Ware

 on November

20,

1988.

 The Agency alleges

 that

 Edward

 Ware has

 violated Section

21(q)(1)

of

 the Act.

The

 statutory penalty established for this

violation

 is $500.00 pursuant

 to Section 42(b)(4)

 of the Act.

Edward Ware 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

 Edward

 Ware 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.

It

is

 hereby ordered that, unless

the

 penalty

 has already

been

 paid, within

 30 days of the date

 of this Order

 Edward

 Ware

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,

 IL 62706

IT

IS

 SO ORDERED.

95-119

—2—

I,

 Dorothy

M.

 Gunn,

 Clerk

 of the

 Illinois Pollution

 Control

Board,

 hereby certif

 that

 the above Order was

 adopted

 on the

day

of

 1989,

by

a

 vote of

7’~’

Dorot y

M.

G

n,

C

er

Illinois

P01

 ution

 Control

 Board

95—120

NOV

1988

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

LJ’~.~

________________

~TATEOF ILLINOIS

ADMINISTRATIVE CITATION

—

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY

)

v.

)

 IEPA DOCKET

 NO. 9271-AC

EDWARD WARE,

)

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 Sangamori, 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.

 1671200060.

 Said facility is comonly known

to the Agency as Springfield/Ware.

3.

 That Respondent has owned and/or operated said facility at

all times pertinent hereto.

4.

 That on October

12,

 1988, Ricky Lanham, 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.

95—121

VIOLATIONS

On the basis

 of direct observation of Richy

 Lanham, 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 12, 1988 an on—site inspection of said facility

disclosed the following:

(i)

 Causing or allowing litter (Section 2l(q)(1)

of

the

Act).

CIVIL PENALTY

Pursuant to

 Ill.

 Rev.

 Stat.

 1987,

ch.

 111½, par.

 l042(b)(4),

Respondent herein is subject to

 a civil

 penalty of Five Hundred Dollars

($500.00) for the violation specified above in Paragraph A(i).

 Addition-

ally,

 should Respondent elect to petition the

 Illinois Pollution Control

Board under the

 review process described hereinbelow, and if there

is

a

 finding of the violation 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 a

 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,

 1988.

 If you do not petition the

 Illinois Pollution Control Board

for review of this Administrative Citation within thirty-five

 (35)

2

95—122

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

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.

See

Ill.

 Rev.

 Stat.

 1987,

ch.

 111½,

 par.

 1031.1.

 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

 Illinois Environmental Protection

Agency.

 Such Petition for Review must be filed within thirty-five

3

95—123

(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, Mlinois

 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.

&~L~V~_-~Q

Bernard

P.

 Killian, Director

Illinois Environmental Protection Age’ncy

Prepared

by:

 William Seltzer

Illinois Environmental

Protection Agency

2200 Churchill

 Road

P.O.

 Box 19276

Springfield,

IL

 62794-9276

 (217)782—5544

Date:

 November 16, 1988

4

95—124