ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD

June 7, 2007

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

GIRE PROPERTIES, INC. and GIRE

(Administrative Citation)

ORDER OF THE BOARD (by G.T. Girard):

On April 24, 2007, the Illinois Environmental Protection Agency (Agency) timely filed

an administrative citation against Gire Properties, Inc. and Gire Construction, Inc. (respondents).

See

415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The administrative citation

concerns a site commonly known as Gire Construction, Inc. with Site Code No. 0410355017,

and located at Northwest 1/4 Section of Section 11 in Camargo Township, Douglas County. The

Agency alleges that respondents violated Sections 21(p)(1) and (7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1) and (7) (2004)) by open dumping resulting in litter and

deposition of general construction or demolition debris or clean construction or demolition

debris.

On May 21, 2007, the Agency filed a motion to dismiss the administrative citation for

lack of timely service on respondents within 60 days of the observed violation.

See

415 ILCS

5/31.1(b) and 35 Ill. Adm. Code 108.402. The Board grants that motion and dismisses the

administrative citation.

IT IS SO ORDERED.

John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above order on June 7, 2007, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

Dq`

v.

)

(IEPA No. 108-07-AC)

GIRE PROPERTIES INC . and GIRE

)

CONSTRUCTION INC .,

)

Respondents.

)

NOTICE OF FILING

To:

Gire Properties, Inc .

Edwin J. Gire, Jr.

101N Sycamore Street

P.O. Box 112

Villa Grove, IL 61956

Villa Grove, IL 61956

Gire Construction Inc .

IOIN Sycamore Street

Villa Grove, IL 61956

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P

.O

. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Dated : April 19, 2007

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution

Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE

CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST .

espectfully sub itted

Mich 

e M. Ryan

Special Assistant Attorney General

THIS FILING SUBMITTED ON RECYCLED PAPER

RECEIVEDCLERK'S 

OFFICE

APR 2 4 2001

Pollution 

STATE OF 

Control 

ILLINOISBoard

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V .

GIRE PROPERTIES INC . and GIRE

CONSTRUCTION INC.,

Respondents .

BEFORE THE ILLINOIS POLLUTION CONTROL BOARCCLERK'S 

RECEIVED

OFFICE

ADMINISTRATIVE CITATION

APR 2 4 2007

STATE OF ILLINOIS

Pollution Control Board

))

AC

(IEPA No. 108-07-AC)

JURISDICTION

This Administrative Citation is issued pursuant to the authority vested in the Illinois

Environmental Protection Agency by Section 31 

.1 of the Illinois Environmental Protection Act, 415

ILCS 5/31 

.1 (2004) .

FACTS

1 . That Gire Properties Inc 

. is the present owner and Gire Construction, Inc . is the

current operator ("Respondents") of a facility located at Northwest '/. Section of Section 11,

Camargo Township, Douglas County, Illinois 

. The property is commonly known to the Illinois

Environmental Protection Agency as Gire Construction Inc .

2.

That said facility is an open dump operating without an Illinois Environmental

Protection Agency Operating Permit and is designated with Site Code No 

. 0410355017 .

3.

That Respondents have owned/operated said facility at all times pertinent hereto 

.

4.

That on March 14, 2007, Michael Mullins of the Illinois Environmental Protection

Agency's Champaign Regional Office inspected the above-described facility 

. A copy of his

inspection report setting forth the results of said inspection is attached hereto and made a part

hereof .

VIOLATIONS

Based upon direct observations made by Michael Mullins during the course of his March 14,

2007 inspection of the above-named facility, the Illinois Environmental Protection Agency has

determined that Respondents have violated the Illinois Environmental Protection Act (hereinafter,

the "Act") as follows :

(1)   That Respondents caused or allowed the open dumping of waste in a manner

resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)

(2004) .

(2)  That Respondents caused or allowed the open dumping of waste in a manner

resulting in deposition of general construction or demolition debris 

; or clean

construction or demolition debris, a violation of Section 21 (p)(7) of the Act, 415 ILCS

5/21 (p)(7) 

(2004) .

CIVIL PENALTY

Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), Respondents are

subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500 

.00) for each of the

violations identified above, for a total of 

Three Thousand Dollars ($3,000 .00).   If Respondents elect

not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be

due and payable no later than 

May 31, 2007, unless otherwise provided by order of the Illinois

Pollution Control Board .

If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution

2

Control Board in accordance with Section 31 

.1 of the Act, 415 ILCS 5/31 

.1 (2004), and if the Illinois

Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,

Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental

Protection Agency and the Illinois Pollution Control Board 

. Those hearing costs shall be assessed

in addition to the One Thousand Five Hundred Dollar ($1,500 

.00) statutory civil penalty for each

violation .

Pursuant to Section 31 .1 (d)(1) of the Act, 415 ILCS 5/31 .1(d)(1) (2004), if Respondents fail

to petition or elect not to petition the Illinois Pollution Control Board for review of this Administrative

Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall

adopt a final order, which shall include this Administrative Citation and findings of violation as

alleged herein, and shall impose the statutory civil penalty specified above .

When payment is made, Respondents check shall be made payable to the Illinois

Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois

Environmental Protection Agency, 1021 North Grand Avenue East, P 

.O. Box 19276, Springfield,

Illinois 62794-9276 

. Along with payment, Respondents shall complete and return the enclosed

Remittance Form to ensure proper documentation of payment .

If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the

Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed

against the Respondents from the date payment is due up to and including the date that payment is

received 

. The Office of the Illinois Attorney General may be requested to initiate proceedings

against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest

accrued .

3

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

Respondents have the right to contest this Administrative Citation pursuant to and in

accordance with Section 31 .1 of the Act, 415 ILCS 5/31/1 (2004)

. If Respondents elect to contest

this Administrative Citation, then Respondents shall file a signed Petition for Review, including a

Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois

Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois

60601

. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection

Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P 

.O. Box 19276, Springfield,

Illinois 62794-9276 . Section 31 

.1 of the Act provides that any Petition for Review shall be filed within

thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution

Control Board shall enter a default judgment against the Respondents .

Douglas 

P

. cott, Director

c7c

~

e~r1

.rK

.

Date :	

Illinois Environmental Protection Agency

Prepared by 

:

Susan E . Konzelmann, Legal Assistant

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

4

RECEIVEDCLERK'S 

OFFICE

REMITTANCE FORM

APR 2 4 2007

STATE OF ILLINOIS

ILLINOIS ENVIRONMENTAL      

)

Pollution Control Board

PROTECTION AGENCY,

)

/

Complainant,

)

AC

61--615

V .

)

(IEPA 

No . 108-07-AC)

GIRE PROPERTIES INC 

. and GIRE

)

CONSTRUCTION INC .,

)

Respondents .

)

FACILITY:

Gire Construction, Inc .

SITE CODE NO . :

0410355017

COUNTY :

Douglas

CIVIL PENALTY :

$3,000 .00

DATE OF INSPECTION :

March 14, 2007

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 a corporation, and sign this Remittance Form 

.   Be

sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental

Protection Agency, Attn . : Fiscal Services, P 

.O. Box 19276, Springfield, Illinois 

62794-9276.

5