ILLINOIS POLLUTION CONTROL BOARD
November 5, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION,
Complainant,
v.
MID-AMERICA MACHINERY CO.,
Respondent.
)
)
)
)
)
)
)
)
)
)
AC 09-16
(IEPA No. 292-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On October 2, 2008, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against Mid-America Machinery Co. (Mid-America).
See
415 ILCS
5/31.1 (2006); 35 Ill. Adm. Code 108. The administrative citation concerns a property located at
33256 Old Route 4 in Virden, Macoupin County, commonly known to the Agency as the
“Virden/Mid-America Machinery Co.” site, and designated with Site Code No. 1174100001.
The Agency alleges that Mid-America violated Sections 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) on August 14, 2008, 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 Macoupin County site.
On October 24, 2008, the Agency filed a motion to voluntarily dismiss the administrative
citation (Motion). In its motion, the Agency states that because “Mid-America Machinery Co.
was not timely served within 60 days as required by 415 ILCS 5/31.1(b), this Administrative
Citation should be dismissed.” Motion at 1. The Board grants the Agency’s motion, dismisses
the case, and closes the docket.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on November 5, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOAOVED
8
OPFICE
ADMINISTRATIVE
CITATION
‘
fJi2Oo
ILLINOIS
ENVIRONMENTAL
)
OF
ILLINOIS
PROTECTION
AGENCY,
)
ontro!
8
oard
Complainant,
AC
q
V.
)
(IEPA
No.
292-08-AC)
MID-AMERICA
MACHINERY
COMPANY,
)
)
Respondent.
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
Mid-America
Machinery
Company
(“Respondent”)
is the
present
owner
and
operator
of
a
facility
located
at 33256
Old
Route 4,
Virden,
Macoupin
County,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
Virden/Mid-America
Machinery
Co.
2.
That
said
facility
is
an open
dump
operating
without
an Illinois
Environmental
Protection
Agency
Operating
Permit
and
is designated
\th
Site Code
No.
1174100001.
3.
That
Respondent
has
owned
and
operated
said
facility
at all
times pertinent
hereto.
4.
That
on August
14,
2008, Jan
Mierofthe
Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Springfield
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.
5.
That
on
9
(3o
j
O-
, Illinois
EPA
sent
this
Administrative Citation
via
Certified
MailNo.7oo7
0o
OOoo
CIS
Si3
VI OLATI
ON
S
Based
upon
direct
observations
made
by Jan
Mier
during
the course
of
herAugustl4,
2008
inspection
of
the
above-named
facility,
the
Illinois
Environmental Protection
Agency
has
determined
that
Respondent
has violated
the
Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as
follows:
(1)
That
Respondent
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
51
21(p)(l)
(2006).
(2)
That
Respondent
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
5/42(b)(4-5)
(2006),
Respondent
is
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 Respondent
elects
not
to petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be
2
due
and
payable
no
later
than
October31,
2008,
unless
otherwise
provided
by
order
of the
Illinois
Pollution
Control
Board.
If
Respondent
elects
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,
Respondent 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
Respondent
fails
to
petition
or
elects
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,
Respondent
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
Respondent
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
Respondent
in
Circuit
Court to
collect
said
penalty
and/or
hearing
costs,
plus
any
interest
accrued.
3
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent
has
the
right
to contest
this
Administrative
Citation
pursuant
to and
in
accordance with
Section
31.1
of
the Act,
415
ILCS
5/3
1/1
(2006).
If Respondent elects
to contest
this
Administrative
Citation,
then
Respondent
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
Respondent.
iLL
Date:
Dougla4’P.
Scott,
Director
Illinois
Environmental
Protection
Agency
&_
,k:_
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
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No. 292-08-AC)
MID-AMERICA
MACHINERY
COMPANY,
)
)
CLERK’S
OFFICE
)
Respondent.
STATE
OF
ILLINOIS
POJIt
Control
Board
FACILITY:
Virden/Mid-
America
Machinery
Co.
SITE
CODE
NO.:
1174100001
COUNTY:
Macoupin
CIVIL
PENALTY:
$3,000.00
DATE
OF
INSPECTION:
August
14,
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
(FE IN)
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
