ILLINOIS POLLUTION CONTROL BOARD
December 18, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
REYNOLDS SERVICE CO.,
Respondent.
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AC 09-14
(IEPA No. 214-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On December 5, 2008, Reynolds Service Co. (respondent) filed a reply to a response to a
motion to clarify. The reply was not accompanied by a motion for leave to file the reply. The
Board’s rules provide that the moving party does not have the right to reply except as allowed by
the Board or hearing officer. 35 Ill. Adm. Code 101.500(d). On December 4, 2008, the Board
denied the motion to clarify and entered a default order against respondents. The filing of the
reply is therefore moot, as the Board has ruled on the motion.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on December 18, 2008, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
(Th
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(“
J
1 I
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTIONAGENCY,
)
Complainant,
)
AC
q
1
Lt
“1%
)
v.
)
(IEPA
No.
214-08-AC)
)
REYNOLDS
SERVICE
CO.
INC.,
)
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
Reynolds
Service
Co.,
Inc. (“Respondent”)
is
the
presentownerand
operatorof
a facility
located
at the
following:
Section
23,
TWP
12, Rng
2W,
Part
of SE
corner
of
NE NE,
Union
County,
Illinois.
The property
is commonly
known
to
the Illinois
Environmental
Protection
Agency
as
Jonesboro/Reynolds
Service
Co.,
Inc.
2.
That said
facility
is an open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and is
designated
th Site
Code
No.
1818565001.
3.
That
Respondent
has
owned
and operated
said
facility
at
all times
pertinent
hereto.
4.
That
on August
4, 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 herAugust4,
2008
inspection
of the
above-named
facility,
the
lllnois
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
5/21(p)(1)
(2006).
(2)
That
Respondent
caused
or
allowed the
open
dumping
of waste
in
a
manner
resulting
in proliferation
of
disease
vectors,
a
violation
of
Section
21(p)(5)
of
the Act,
415
ILCS
5121(p)(5)
(2006).
(3)
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
Four
Thousand
Five
Hundred
Dollars
($4,500.00).
If
Respondent
elects
not
to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be due
and
payable
no
later
than
October
15, 2008,
unless
otherwise
provided
2
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
5/31/1
(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.
‘?
Date:
I
1o
Douglas. 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
4
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
0
q
1
2
J-
v.
)
(IEPA
No. 214-08-AC)
REYNOLDS
SERVICE
CO.
INC.,
)
Respondent.
)
FACILITY:
Jonesboro/Reynolds
Service
Co.,
Inc.
SITE
CODE
NO.:
1818565001
COUNTY:
Union
CIVIL
PENALTY:
$4,500.00
DATE
OF INSPECTION:
August
4,
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.
5
