ILLINOIS POLLUTICN CONTROL BOARD
January 22,
1987
IN THE MATTER OF:
EDWARD
J.
DEIBEL, d/b/a
)
AC 86-9
DEIBEL LANDFILL NO.
2
)
(IEPA Docket No.
8151—AC)
Respondent.
ORDER OF THE BOARD:
This matter
comes before
the Board upon a(n) December
4,
1986
filing of an administrative citation pursuant
to Section
31.1 of the Illinois Environmental Protection Act
(Act)
by the
Illinois Environmental Protection Agency (Agency).
A copy of
that Administrative Citation
is attached hereto.
Service
of the
Administrative Citation was made upon Edward
J. Deibel
on
December
3,
1986.
The Agency alleges that Edward J.
Deibel
has
violated Sections
21(p)(5),
21(p)(12),
2l(p)(l),
2l(p)(9),
2l(p)(5), 2l(p)(l)
and 21(p)(9)
of the Act.
The statutory
penalty established
for each of these violations
is
$500.00
pursuant
to Section 42(b)(4)
of the Act.
Edward
3.
Ceibel has not filed
a Petition for Review with
the Clerk of the Board within
35 days of the date of service
as
allowed by Section
31.1(d) (2) of the Act.
Therefore, pursuant
to
Section 3l.l(d)(1),
the Board
finds that Edward
3.
Deibel has
violated each
and every provision alleged
in the Administrative
Citation.
Since
there
are seven
(7) such violations, the
total
penalty to be
imposed
is set at $3,500.00.
It
is hereby ordered
that, unless the ~ena1ty has already
been paid, within
30 days of the date of this Order Edward
3.
Deibel
shall, by certified check
or money order payable
to the
State of Illinois and designated
for deposit into the
Environmental Protection Trust
Fund, pay
a penalty in the amount
of $3,500.00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
75-75
—2—
I,
Dorothy
M.
Cunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that ,t~he above Order was adopted on
the
______________
day of
~
,
1987 by
a vote
of
______________.
Dorothy
M.
Gunn,
Clerk
Illinois Pollution Control Board
75.76
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
EDWARD J.
DEIBEL,
d/b/a
)
Deibel
Landfill
No.
2,
)
IEPA
DOCKET
NO.
8151-AC
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to the authority
vested
in the Illinois Environmental
Protection Agency by Public Act
84-1320 (Ill.
Rev.
Stat.
1986,
Supp.,
ch.
111
1/2, par. 1031.1).
FACTS
1.
That Respondent
is
the present operator of a facility located in
the County of Effingham, State of Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under Illinois Enyironmental Protection Agency Operating Permit
No.
1979-4—OP. and designated with Site Code No. 0498100007.
Said facility
is
commonly known
to the Agency as
Deibel
Landfill
No.
2.
3.
That Respondent has operated said facility at all times pertinent
hereto.
4.
That,
on October 10, 1986, William E. Zierath of the Illinois
Environmental
Protection Agency inspected the above—described landfill
facility.
A copy of the inspection report setting forth
the results of
such inspection
is attached hereto and made a
part hereof.
5.
That, on October 22,
1986,
S. Dale Elenberger of the
Illinois
Environmental
Protection Agency inspected the above-described landfill
facility.
A copy of the inspection report setting forth
the results
of
75.77
such inspection
is attached hereto and made a part hereof.
VIOLATIONS
On the basis of direct observations of William E. Zierath and S. Dale
Elenberger,
the Illinois Environmental Protection Agency has determined
that Respondent was conducting a sanitary landfill operation at the above-
described facility, which
is required to have a
permit
pursuant to
Ill.
Rev. Stat. 1985, ch.
111
1/2, par. 1021(d),
in a manner which resulted
in
the following conditions.
A.
On October 10, 1986,
operated said landfill facility while un-
covered refuse remained from a previous operating day,
in violation of
Ill.
Rev. Stat.
1986 Supp., ch.
111
1/2, par. lO2l(p)(5).
B.
On October 10, 1986, operated said landfill facility while having
failed to collect and contain litter at the end of a previous operating
day, in violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
111
1/2, par. lO2l(p)(l2).
C.
On October
10, 1986, operated said landfill
facility with refuse
in standing water,
in violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
ill
1/2,
par.
lO2l(p)(l).
0.
On October 10, 1986, operated said landfill
facility while
having refuse deposited in an unpermitted portion of said landfill
facility,
in violation of 111.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2,
par. lO2l(p)(9).
E.
On October 22,
1986, operated said landfill
facility while un-
covered refuse remained from
a previous operating day,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
lii
1/2,
par.
102l(p)(5).
F.
On October 22,
1986,
operated said landfill facility with refuse
in standing water,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2,
par.
102l(p)(l).
-2-
75.78
S.
On October 22, 1986,
operated said landfill facility while having
refuse deposited in
an unpermitted portion of said landfill
facility
in
violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
111
1/2, par. 1O21(p)(9).
CIVIL
PENALTY
Pursuant to Public Act 84-1320
(Ill.
Rev. Stat.
1986 Supp.,
ch.
111
1/2,
par. l042(b)(4), Respondent herein
is subject to a civil penalty
of Five Hundred Dollars
($500.00) for
each
violation specified above
in
Paragraphs
A through
5, for a total of Thirty-five Hundred
Dollars
($3,500.00).
Additionally, should you elect to petition the Illinois
Pollution Control Board under the review process described hereinbelow,
and if there
is a finding of the violations alleged herein, after an
adjudicatory
hearing,
you shall
be assessed the associated hearing costs
incurred by the Illinois Environmental Protection Agency and the Illinois
Pollution Control
Board,
in addition
to the Five Hundred Dollar ($500.00)
statutory penalty for each finding of violation.
If you acknowledge the violations cited hereinabove, or if you do
not petition the Illinois Pollution Control Board for review of this
Administrative Citation within thirty-five (35) days of service, the civil
penalty specified hereinabove shall
be due and payable no later than
January 11,
1987.
Your check should be made payable to the Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection
Agency,
2200 Churchill
Road,
P.
0.
Box
19276,
Springfield,
Illinois
62794—9276.
Also,
please
complete
and return the enclosed Remittance Form, along with your payment,
to
assure proper documentation of payment.
If you elect to contest this
Administrative Citation, any judgment rendered against you shall specify
—3-
75-79
the due date of the statutory civil
penalty and costs assessed against
you.
If any civil
penalty, by reason of acknowledgment,
default or finding
after adjudicatory hearing,
is not paid when due; then the Offices of the
Illinois Attorney General
shall
be requested to initiate proceedings in
Circuit Court to collect said civil
penalty.
In addition to the previously
assessed civil
penalty and hearing costs of the Illinois Environmental
Protection Agency and the Illinois Pollution Control
Board,
if any; the
Attorney General’s Office will seek
to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
See
Public Act 84-1320
(Ill.
Rev. Stat.
1986 Supp.,
ch.
111
1/2, par. 1031.1).
If you elect to contest this Administrative Citation, you must file a
Petition
for
Review
with
the Clerk of the Illinois Pollution Control
Board.
A
copy
of
the
Petition
for
Review
should
be
filed
with
the
Illinois
Environmental Protection Agency.
Such Petition for Review must be filed
within
thirty-five (35) days of the date of service of this Administrative
Citation, or a default judgment shall
be entered by the Pollution Control
Board.
The Petition for Review may be filed with the Clerk of the Illinois
Pollution Control Board at the State of
Illinois
Center,
100 West Randolph
Street, Suite 11-500, Chicago,
IL
60601
;
and,
a copy of said Petition for
Review filed with
the Illinois Environmental Protection Agency
at 2200
Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276,
Attention:
Enforcement
Services.
Richard
J.
Carison, Director
Illinois Envir nme
tal
Protection Agency
Date:
December 2,
1986
75.80