ILLINOIS POLLUTION CONTROL BOARD
January 7, 2010
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
DONALD G. WILKEY,
Respondent.
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AC 09-19
(IEPA File No. 294-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.K. Zalewski):
On October 15, 2009, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against respondent Donald G. Wilkey. On November 21, 2008,
respondent filed a petition for review, which the Board accepted for hearing by order dated
December 4, 2008.
On January 4, 2010, the Agency filed a motion (Mot.) to withdraw the administrative
citation, and requesting dismissal of the action. The Agency states only that
Facts and circumstances discovered since the filing of the Administrative Citation
indicate that it is appropriate to withdraw this Administrative Citation at this time.
Mot. at 1.
The Board grants the Agency’s motion to dismiss the administrative citation. As
respondent’s petition for review is now moot, the Board dismisses this action and closes the
docket as requested.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on January 7, 2010, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
c<11VEb
ADMINISTRATIVE
CITATION
0
ICE
OCT
2U
2008
ILLINOIS
ENVIRONMENTAL
)
STATEOFILLINO
PROTECTION AGENCY
)
,Put,on
Controj
so
Complainant,
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AC
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(IEPA
No. 294-08-AC)
DONALD
G.WILKEY,
)
Respondent.
JURISDICTION
This
Administrative
Citation
is issued
pursuant
to the
authority
vested
in the
Illinois
Environmental
ProtectionAgencybySection
31.1
of
the Illinois
Environmental
ProtectionAct,415
ILCS 5/31.1
(2006).
FACTS
1.
That
Donald
G.
Wilkey
is the
current
owner
(‘Respondent”)
of
a
facility
located
at
775
N
2200
E Road,
Belle
Rive,
Jefferson
County,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
Belle
Rive/Wilkey,
Donald
G.
2.
That
said
facility
is
an open
dump
operating
without
an Illinois
Environmental
Protection
Agency
Operating
Permit
and
is designated
with
Site Code
No.
0810055008.
3.
That
Respondent has owned
said
facility
at all
times pertinent
hereto.
4.
That
on September
10,
2008,
Garrison
Gross
of the
Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Marion
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.
5.
Thaton
/p,i.
O?
,lllinois
EPAsentthisAdministrative
Citationvia
Certified
Mail
No.
7oo7 62-7-0
0000
0, S—
SOc?(
VIOLATIONS
Based
upon direct observations
made
by
Garrison
Gross
during the
course of his
September
10, 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)(1)
(2006).
(2)
That Respondent
caused
or allowed the open
dumping of
waste in
a manner
iesulting
in
open burning,
a
violation
of Section 21(p)(3)
of the Act,
415
ILCS
5/21 )(3)(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).
2
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
November
30,
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.
Pursuantto
Section
31.1(d)(1) of theAct,
415
ILCS 5/31.1(d)(1)
(2006),
if
Respondentfails
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.
3
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.
4
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, Stateof
IllinoisCenter,
100
WestRandolph,
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.
1?
Date:
Dougla
. 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
5
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
19
°“
2o
2008
V.
)
(IEPA
No.
29408.ACr0I1UIOfl
Con01S
DONALD
G.WILKEY,
)
Respondent.
FACILITY:
Belle
RivelWilkey,
Donald
G.
SITE
CODE NO.:
0810055008
COUNTY:
Jefferson
CIVIL PENALTY:
$4,500.00
DATE
OF INSPECTION:
September
10, 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.
6
