ILLINOIS POLLUTION CONTROL BOARD
April
7,
1988
IN THE MATTER OF:
CHARLES
T. RHODES,
)
AC 88—5
)
(IEPk Docket No. 8759—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a February 8,
1988
filing
of
an amended 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 amended Administrative Citation
is attached hereto.
The
Agency alleges
that Charles Rhodes has violated Sections
21(p)(5),
2l(p)(ll)
and 2l(p)(ll)
of the Act.
The statutory
penalty established
for each of these violations
is $500.00
pursuant
to Section 42(b)(4)
of
the Act.
Therefore, pursuant
to Section 31.l(d)(l),
the Board
finds
that Charles
Rhodes has violated the provisions alleged
in the
amended Administrative Citation.
Since
there are three
(3) such
violations,
the total penalty
to be imposed is set
at
$1,500.00.
It
is hereby ordered
that,
unless the penalty has already
been paid, within
30 days
of the date of
this Order Charles
Rhodes 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 $1,500.00 which
is
to
be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
IT
IS SO ORDERED.
I,
Dorothy
M.
Gunn,
Clerk
of the Illinois Pollution Control
Board,
hereby certify. that the above Order was adopted on the
-~-c~day of
,
1988,
by
a vote of
7~’
~O,.
Dorothy M.
Gu
n,
Clerk
Illinois Pollution Control Board
88—93
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
~ER
*
8
1988
AMENDED ADMINISTRATIVE CITATION
~T3~LI~OIS
POtIUTION
CONTROL B~ARD
IN THE MATTER OF:
)
~
-~
Charles
T.
Rhodes,
)
IEPA DOCKET NO.
8759-AC
Respondent
)
JURISDICTION
This
Amended 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.
111½,
par.
1031.1).
FACTS
1.
That
Respondent,
Charles
T.
Rhodes,
is
the
present
operator of
a
facility located
in the County of Macon, State
of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
75-065-OP.
and
designated
with
Site
Code
No.
1158020006.
Said facility is commonly known to the Agency as Decatur/Rhodes.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
November 12,
1987,
Steven Townsend,
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.
88—.
4
VIOLATIONS
On the
basis
of
direct observation of
Steven Townsend,
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.
111½,
par.
1021(d),
in
a
manner
which
resulted
in
the
following
conditions:
A.
On November
12,
1987, said landfill
had uncovered refuse remaining
from
a previous operating day,
in
violation of
Ill. Rev.
Stat.
1985,
ch.
111½,
par.
lO2l(p)(5).
B.
On November
12,
1987, said landfill
had not submitted financial
assurance documents, which are reports required by permits or
Board Regulations, in violation of
Ill. Rev.
Stat.
1985,
ch.
111½,
par.
1O21(p)(11).
C.
On
and prior to November 12,
1987,
said landfill
had not submitted
quarterly groundwater monitoring reports, which are reports required
by permits or Board Regulations,
in violation of Ill.
REv.
Stat.
1985,
ch.
111½, par.
lO2l(p)(ll).
CIVIL PENALTY
Pursuant
to
Public
Act
84—1320
(Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
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
C,
for
a
total
of
fifteen hundred ($1500.00)
dollars.
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
2
88—95
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,
the
civil
penalty
specified
above
shall
be
due
and payable
no
later
than
March
14,
1988.
If
you
do
not petition
the
Illinois
Pollution
Control
Board
for
review
of
this
Adm-inistrative
Citation
within
thirty-five
(35)
days
of
service
hereof
or
if
you
elect
to
contest
this
Administrative Citation, any judgment
rendered against you
shall
specify
the
due
date
of
the
statutory
civil
penalty
and
any
costs
assessed
against you.
When
payment
is
made,
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.O.
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
any
civil
penalty,
by
reason
of
acknowledgment,
default
or
finding after adjudicatory
hearing,
is
not
paid
when due;
the
Illinois
Environmental
Protection
Agency
shall
take
into
consideration
such
failure
to
pay during
any
permit
review
process
upon your application
for
a
new
permit
or
for
renewal
of
an
existing
permit.
Furthermore,
if payment
is not received when due,
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.
88—96 3
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.
111½,
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,
Suite
11-500,
Chicago,
Illinois
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.
Carlsori, Director
Illinois Environmental Protection Agency
Date:
February 4, 1988
88—97
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
IN THE
MATTER
OF:
)
)
Charles T.
Rhodes,
)
IEPA DOCKET NO.
8759-AC
Respondent
)
FACILITY:
Decatur/Bath
SITE CODE NO:
1158020006
COUNTY:
Macon
CIVIL PENALTY:
$1,500.00
DATE OF
INSPECTION:
November 12,
1987
DATE REMITTED:
____________________________
SIGNATURE:
_________________________________
NOTE
Please enter the date of your remittance and sign this Remittance
Form.
Be sure your check
is enclosed and mail,
along with Remittance Form,
to Illinois Environmental Protection Agency, Attention:
Fiscal
Services,
2200 Churchill
Road, P.O.
Box
19276, Springfield,
Illinois
62794—9276.
88—98