ILLINOIS POLLUTION CONTROL BOARD
April
7,
1988
IN THE MATTER OF:
CITY OF QUINCY,
)
AC 88—16
(IEPA Docket No. 8844—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a February 17, 19~8
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
the City of Quincy on
February
11,
1988.
The Agency alleges
that the City of Quincy
has violated Sections 21(p)(5) and 2l(p)(12)
of the Act.
The
statutory penalty established
for each of
these violations
is
$500.00 pursuant to Section 42(b)(4)
of the Act.
The City of Quincy 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 3l.l(d)(2)
of the Act.
Therefore,
pursuant to
Section 31.l(d)(1),
the Board finds
that the City
of Quincy has
violated each and every provision alleged
in the Administrative
Citation.
Since there are two
(2)
such violations,
the total
penalty
to be imposed
is set at $1,000.00.
It
is hereby ordered
that,
unless the penalty has already
been paid, within 30 days of the date of this Order the City of
Quincy 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 $1,000.00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
88—101
—2—
I,
Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify
that the above Order was adopted on the
7~day
of
,
1988,
by
a vote
of
7~
~r~_~7
7~,
/~~‘
Dorothy
M. dunn,
Clerk
Illinois Pollution Control Board
88—102
ILLINOIS ENVIROT4IIENTAL
PROTECTIO
N
1fl988
ADMINISTRATIVE CITATION
~TAJEofIIUNOIS
POLLUTION
CONTROL
BOARD
IN THE MATTER OF:
)
KENNETH KIRCHER,
CLERK,
)
IEPA DOCKET
NO.
8844-AC
CITY OF QUINCY
STATE OF ILLINOIS,
)
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.
111½, par.
1031.1).
FACTS
1.
That Respondent, City of Quincy,
is
the present operator
of
a facility located
in the County of Adams, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1977—13—UP,
and
designated
with
Site
Code
No.
0018010001.
Said facility is commonly known to the Agency as
Quincy/Muni
No.
4.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
January
14,
1988,
Clifford Wheeler,
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—103
VIOLATIONS
On
the
basis
of
direct
observation
of Clifford Wheeler,
the
Illinois
Environr~ental 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,
oh.
111½,
par.
1021(d),
in
a
manner
which
resulted
in
the
following
conditions:
A.
That on
January
14,
1988 said landfill facility operated with
uncovered refuse remaining
frorr,
a previous operating day, in violation
of Ill.
Rev. Stat.
1986
Supp.,
ch.
111½,
par. l021(p)(5).
B.
That on January
14,
1988 said landfill facility operated while
having
failed
to collect and contain
litter from the
site by the
end of
a previous operating day,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
1O21(p)(12).
CIVIL PENALTY
Pursuant
to
Public
Act
84—1320
(Ill.
Rev.
Stat.
1986
Supp.,
oh.
111½,
par.
1O42(b)(4)),
Respondent herein
is
subject
to
a
civil
penalty
of
Five
Hundred
Dollars
($500.00)
for
each
violation
specified
above
in
Paragraphs
A and
B,
for
a
total
of
One Thousand ($1,000.00) 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
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.
2
88—104
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
March
23,
1988.
If
you
do
not
petition
the
Illinois
Pollution
Control
Board
for
review
of
this
Administrative
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,
rllinois
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.
3
88--1~5
PROCEDURE FOR CONTESTING THIS
AD~1INISTRATiVECITATION
You
have
the
right
to
contest
this
Administrative
Citation.
See
Public
Act 84—1320
(111.
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 ~est 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
6279~i-9276,Attention:
Enforcement Services.
Date:
February 10,
1983
Illinois Environmental
Protection Agency
88—1~
STATE OF
ILLINOIS
)
)
SS
COUNTY
OF SANGAMON
PROOF OF SERVICE
I,
the undersigned,
on oath state that
I have served the attached
MOTION TO AMEND and AMENDED ADMINISTRATIVE CITATION
upon the person
to whom it
is directed,
by placing
a copy in
an envelope
addressed to:
Dorothy Gunn,
Clerk
Mr. Charles
1.
Rhodes
Pollution Control
Board
1357 Bowshier Lane
State of Illinois Center
Decatur,
Illinois
62522
100 W.
Randolph
Suite
11-500
Chicago, Illinois 60601
and sending
it by first class mail from Springfield,
Illinois, on
February
4
,
19
88
,
with sufficient postage affixed.
SUBSCRIBED AND
SWORN TO BEFORE ME
thi ~
day of
________________,
1
9~I.
/~4~
~.
)~
~
Notary Public
88—107