ILLINOIS POLLUTION CONTROL BOARD
June 5, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
THOMAS HILL, WAYNE HILL, and
VALERIE HILL,
Respondents.
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AC 08-30
(IEPA No. 66-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On May 5, 2008, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against Thomas Hill, Wayne Hill, and Valerie Hill (collectively
respondents).
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The Agency
alleged that respondents violated Sections 21(p)(1) and (p)(7) of the Environmental Protection
Act (415 ILCS 5/21(p)(1), (p)(7) (2006)).
According to the Agency, respondents violated these provisions by causing or allowing
the open dumping of waste in a manner resulting in litter and the deposition of general or clean
construction or demolition debris at the two following legal addresses in Anna, Union County:
SEC 31, TWP 12, RNG 1E, PT OF SW SE and consists of 4.55 acres; and SEC 6, TWP 13,
RNG 1E, NW NE PT NE CORNER NORTH 1/2 OF THE NW and consists of 6.09 acres. The
property is designated with Site Code No. 1818525013 and is commonly known to the Agency
as “Anna/Hill.”
On June 2, 2008, however, the Agency filed a motion to dismiss this proceeding. The
Agency states that it failed to serve the administrative citation on respondents within “60 days
after the date of the observed violation.” 415 ILCS 5/31.1(b) (2006));
see also
35 Ill. Adm. Code
108.202(b). The Board grants the Agency’s motion, dismisses this case, and closes the docket.
See
35 Ill. Adm. Code 108.402.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on June 5, 2008, by a vote of 4-0.
________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
Michel e M. Ryan
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERICS OFFICE
ADMINISTRATIVE CITATION
MAY 0 5 2008
STATE OF ILUNOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
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v.
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THOMAS, WAYNE and VALERIE HILL, )
Respondents.
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AC
D C< '9
(IEPA No. 66-08-AC)
NOTICE OF FILING
To:
Thomas, Wayne and Valerie Hill
1955 Christian Chapel Road
Anna, Illinois 62906
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.
Respectfully submitted,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: May 1, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
RECEIVED
CLERK'S OFFICE
MAY 0 5 2008
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
THOMAS, WAYNE and VALERIE HILL,
AC 01
QQ
C7
(IEPA No. 66-08-AC)
Respondents.
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 (2006).
FACTS
1.
That Wayne, Thomas and Valerie Hill are the owners of a facility located on two
pieces of land at the following legal addresses: SEC 31, TWP 12, RNG 1E, PT OF SW SE &
consists of 4.55 acres; and SEC 6, TWP 13, RNG 1 E, NW NE PT NE CORNER NORTH 1/20F THE
NW & consists of 6.09 acres located in Anna, Union County, Illinois. The property is commonly
known to the Illinois Environmental Protection Agency as Anna/Hill.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1818525013.
3.
That Respondents have owned said facility at all times pertinent hereto.
4. That on March 12, 2008, Sheila Williams of the Illinois Environmental Protection
Agency's Marion Regional Office inspected the above-described facility. A copy of her inspection
report setting forth the results of said inspection is attached hereto and made a part hereof.
VIOLATIONS
Based upon direct observations made by Sheila Williams during the course of her March 12,
2008 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)
(2006).
(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) (2006).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5142(b)(4-5) (2006), 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 30, 2008, unless otherwise provided by order of the Illinois
Pollution Control Board.
2
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1 (2006), 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) (2006), 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, Respondent's 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.
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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 (2006). 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.
Date:
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t
I OS
Douglas P. Scott, Director
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
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REMITTANCE FORM
RECEIVED
CLERK'S OFFICE
MAY 0 5 2008
STATE OF ILUNOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY;
Complainant,
AC
v.
?
(IEPA No. 66-08-AC)
THOMAS, WAYNE and VALERIE HILL,
Respondents.
FACILITY:
?
Anna/Hill?
SITE CODE NO.:?
1818525013
COUNTY:?
Union?
CIVIL PENALTY:?
$3,000.00
DATE OF INSPECTION:
?
March 12, 2008
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.
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