ILLINOIS POLLUTION CONTROL BOARD
August
6,
1987
IN THE MATTER OF:
)
JAMES
L. WATTS
)
AC 87-55
)
(IEPA Case No. 8434-AC)
Respondent.
ORDER OF THE BOARD:
ThIs matter comes before the Board upon a June
19,
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
L.
Watts on June
18,
1967.
The Agency alleges
that James
L. ~~atts has violated
Sections 21(p)(5),
2l(o)(12)
and 2l(p)(1)
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
L.
Watts
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.1(d)(2)
of the Act.
Therefore, pursuant
to
Section 3l.l(d)(l),
the Board finds
that James
L. Watts has
violated each and every provision alleged
in the 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 alreaciy
been paid, within 3~days
of the date
of this Order James
L.
Watts
shall,
by certified
check
or ~noney order payable
to the
State
of Illinois and designated
for deposit
into the
Environmental Protection Trust Fund, pay
a penalty in the amount
of Sl,500.0U which
is
to
be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT IS SO ORDERED.
80—155
I, Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Bo~rd,hereby certify~that the above Order was adopted on the
C~Z1 day of
,
1987
by
a vote of
C~
—cJ
Dorothy
M.
dunn, Clerk
Illinois Pollution Control Board
80—156
JUN
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POLLUTNO~~D
-
IN
ThE
MATTER
OF:
0A~ES L.
WATTS
)
IEPA
DOCKET
NO.
8434-AC
Respondent.
)
JURISDICTIOU
This
Ac~inis~rativeCitation
is issued
pursuant to the authority
vested
ir the Illinois Environmental Protection Agency by Public Act
84-1320
(111.
Rev.
Stat.
1986, Su~p.,ch. 1l1~,par.
1031.1).
F4CTS
1.
That Respondent,
James
L.
Watts,
is
the present operator
of
a facility located
in the County of Rock Island, State
of Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under Illinois Environmental
Protection Agency Operating Permit
No.
1972—72—OP,
and designated with Site Code No.
1618000001.
Said facility
is commonly known
to
the Agency as Aridalusia!Watts
L.F.
3.
That Respondent has operated said facility at all
times pertinent
hereto.
4.
That on April
24,
1987,
James
J.
Jones, of the
Illinois Environrnenta~
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.
80—157
2
~r1 ñI
~TTñ~r
~ IULM
On ~hebasis
of direct observation of James
3.
Jones, the
Illinois
Environmental
Protection Acency has determined
that Respondent was
conducting
a sanitary landfill operation
at
the above—described
facility,
which
is recuirec
to have
a permit pursuant
tc
Ill.
Rev.
Stat.
1965,
ch.
1ll;~, par’.
1021 (d),
in
a manner which resulted in
the following
condi tions:
A.
On April
24,
1987, operated said landfill
facility with un-
covered refuse remaininc from
a previous operating day,
in violation
of Ill.
Rev.
Stat.
1936 Supp.,
ch.
111½, par.
lO2l(p)(S).
B.
On Aoril 2~,1987,
operated said landfill
facility while
having
failed
to collect and contain
litter
from the
site by the end
of
a previous operatina day,
in violation of
Ill.
Rev.
Stat.
1936 Supp.,
ch.
111½,
par. lO2l(p)(i2).
C.
On April
24,
1987, operated said landfill facility with refuse
in standing or flowing water,
in
violation of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
lO2l(p)(l).
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 through
C,
for
a total
of Fifteen Hundred
($1,500.00)
Dollars.
Additionally, should you elect to petition
the
Illinois Pollution
Control
Board
under the review process described hereinbelow,
and if
80—158
3
there
is
a findino
of
:h: violations
alleged
herein, after an adjudicator.’
hearinc. ~ousha~lhe assess~othe associated hearing costs
incurred
by the
Illinois Er.’~-crmentalProtection Agency and the
Illinois Pollution
Control
Board,
in addition
to the
Five Hundred
Dollar
(S500.0O) statutory
penalty for each findina
of
violation.
If you acknowlecce the violations cited hereinabove,
the civil
penalty specified above
shall
be due and payable
no later than July
29,
1987.
if you do not petition
the Illinois Pollution Control
Board
for review of this Acministra:ive Citation within thirty—five
(35)
days of service nereof
or
if
you elect
to contest this Administrative
Cit~ticn,
any
judcmert rendered acainst you shall
soecify the due date
o~~nestatutory civil
penalty and any costs
assessed against you.
When ~aymentis 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, 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
80—159
4
to
collect said civil
oeral: .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
Generals Office will seek to recover their costs of litigation.
PROCEE~JRE
FOR CONTESTING THIS
ADINISTRAT.?E CITATION
You have
the right
to contest this Administrative Citation.
See
Public Act 8~-l32O(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.
!fl,~/j7
~
~
Richard’J.
Carison, Director
~
Illinois Environmental
Protection Agency
Date:
June
16, 1987
80—160