ILLINOIS POLLUTION CONTROL BOARD
March
5,
1987
IN THE MATTER OF:
JAMES G. ESAREY
)
AC 87—2
)
(IEPA Docket No.
8217—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a(n) January 20,
1987 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 James G.
Esarey on January
16, 1987.
The Agency alleges that James G. Esarey has violated
Sections 21(p)(5)
and 21(p)(l2)
of the Act.
The statutory
penalty established for each of these violations
is $500.00
pursuant to Section 42(b)(4)
of
the Act.
James G. Esarey 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.l(d)(2)
of
the Act.
Therefore, pursuant to
Section 3l.l(d)(l),
the Board
finds that James G.
Esarey 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 James G.
Esarey 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.
76-147
—2—
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi
that the above Order was adopted on the
jiZ
day of
,
1987 by a vote of
~
~.
Dorothy M. G~nn,Clerk
Illinois Pollution Control
Board
76-148
IL~IN0ISENVIRONMENTAL PROTECTION AGENCY
~
2 0
198T
ADMINISTRATIVE CITATION
________________________
IN THE MATTER OF:
)
)
JAMES
G.
ESAREY
)
IEPA DOCKET NO. 8217—AC
Respondent.
)
4~
JURISDICTION
This Administrative Citation is issued
pursuant to the authority
vested
in the Illinois Environmental Protection Agency by Public Act
84-1320 (Iii.
Rev. Stat.
1986,
Supp.,
ch.
111½,
par.
1031.1).
FACTS
1.
That Respondent, James
G.
Esarey,
is the present operator
of a facility located
in the County of Greene, State of Illinois.
2.
That said facility
is operated as a sanitary landfill, opera-
ting under Illinois Environmental Protection Agency Operating Permit
No. 1970—90-OP, and designated with SiteCode No. 0618070001.
Said
facility is commonly known
to the Agency as Roadhouse/Esarey L.F..
3.
That Respondent has operated said facility at all times pertinent
hereto.
4.
That on November20,
1986,
Ricky G.
Lanham, 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.
76-149
VIOLATIONS
On the basis of direct observation of Ricky G.
Lanham, 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 20,
1986, operated said landfill facility with
uncovered refuse remaining from a previous operating day,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch. 111½,
par.
1021 (p)(5).
B.
On November 20,
1986, operated said landfill
facility while
having failed
to collect litter from a previous operating
day,
in violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
lll½~,
par. lO2l(p)(l2).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par. 1042(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
2
76.150
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 Febru-
ary 27, 1987.
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, 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
payrner.t.
If any civil
penalty,
be 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
3
76.151
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.
~
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
Lit
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.
z~-~
~.
~
Ric ard J. Carl~o~,
Director
/~/
Illinois Environmental Protection Agency
Date:
January 15,
1987
4
76.152