ILLINOIS POLLUTION
CONTROL BOARD
January
19,
1989
IN THE MATTER
OF:
WILLIS
LITTLE,
)
AC 88-114
(IEPA Docket
No. 9308-AC)
Respondent.
ORDER
OF
THE
BOARD:
This matter
comes
before
the Board
upon
a December
9,
1983
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
Willis Little
on
December
8,
1988.
The Agency
alleges
that
Willis
Little
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
Willis
Little
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 Willis
Little
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
nereby
ordered
that,
Ufli
ass
the
penalty has
31 ready
been
paid, within
30 days of
the date
oi this
Order
willis
Little
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—331
-2-
I,
Dorothy
M.
Gunn,
Clerk
of the
Illinois
Pollution
Control
Board, hereby certi~y~
that the above
Order
was adopted
on the
/9~
day
of
~
,
1989,
by
a
vote of
7~
Illinois
Pt
1
Ut’
on
Control
Board
95—382
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
flF’1~—9 9~
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
,4?c
gi—,iv’
v.
)
IEPA DOCKET NO.
9308-AC
WILLIS
LITTLE,
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
Douglas, 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.
0418030005.
Said facility
is commonly known
to the Agency as Villa Grove/Little.
3.
That Respondent has owned and/or operated said facility at
all
times
pertinent hereto.
4.
That on October 19,
1988, William Zierath,
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—333
VIOLATIONS
On the basis of direct observation of William Zierath,
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
19,
1988 an on-site inspection of said facility
disclosed the
following:
(1)
Causing or allowing litter
(Section 21(q)(l) 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 .4(i).
Addi-
tionally, 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 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 violation cited hereinabove,
the civil
penalty specified above shall
be due and payable no later than January
17,
1989.
if you do not petition the Illinois Pollution Control
Board
for review of this Administrative Citation within thirty-five
(35)
2
95~32
4
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 General4s 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—305
(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.
)
~P~7
/
,—
/i—’
~-~/
~
‘,/~f’
/
/
Bernard
P.
Killian, Director
~
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:
December 6,
1988
4
95~3~J6