ILLINOIS POLLUTION CONTROL
BOARD
January
5,
1989
IN THE MATTER
OF:
)
EDWARD
3.
DEIBEL,
)
AC 88-97
)
(IEPA Docket
No.
9270—AC)
Respondent.
)
ORDER
OF THE
BOARD:
This matter
comes before
the Board
upon
a
November
17,
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 Deibel
on November
16,
1988.
The Agency alleges that
Edward
Deibel
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
Deibel
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 Deibel
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
Deibel
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—113
—2-
I,
Dorothy
M.
Gunn,
Clerk
of the
Illinois Pollution
Control
Board,
hereby certif
___________
______________________
1989,
by
a vote
of
7~
~
day
of
~~~~bove
Order
was adopted
on the
Ill i noi
5
~1
Il
ut
on
Control
Board
95—114
ILLINOIS ENVIRONMENTAL PROTECTION AGENC~
I
7 ~88
ADMINISTRATIVE CITATION
STATE
OF
ILL~NOI,S
__POUUTION
CONTROt
BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
~
gg.
~
v.
)
IEPA DOCKET NO.
9270-AC
EDWARD 3.
DEIBEL
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 Effingham,
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.
0498020001.
Said facility is con~nonlyknown
to the Agency as Effingham/Deibel
No.
3.
3.
That Respondent has owned and/or operated said facility at
all
times pertinent hereto.
4.
That on
September 27, 1988,
Steven Townsend, 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—115
VIOLATIONS
On thi basis of direct observation of Steven Townsend, 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 September 27, 1988 an on—site inspection of said
facility disclosed the following:
(i)
Causing or allowing litter (Section 21(q)(l) of the
Act).
CIVIL PENALTY
Pursuant
to
Ill.
Rev.
Stat.
1987,
ch.
111½, par. lO42(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), for
a total
of Five Hundred Dollars ($500.00).
Additionally, 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 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
24,
1988.
If you do not petition the
Illinois Pollution Control Board
for review of this Administrative Citation within thirty-five (35)
2
95—116
days of service hereof or
if you elect to contest this Administrative
Citation, ~iyjudgment 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.
~
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 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—117
(35) days
Qf
the date of service of this Administrative Citation, or
a default j)~dgmentshall
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.
~J~_
/~c~—
ernard
P.
Killian, ~irector
‘
Illinois Environmental Protection Agency
Prepared by:
William Seltzer
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box 19276
Springfield,
IL
62794-9276
(217)782—5544
Date:
November 15, 1988
4
95—118