1.  
ILLINOIS POLLUTION CONTROL BOARD
February
5, 1987
IN THE MATTER OF:
ROBERT
L.
BISHOP and DEAN
L.
)
AC 86—18
BISHOP
)
(IEPA Docket No. 8195—AC)
Respondents.
ORDER OF THE BOARD:
This matter
comes before
the Board upon a(n) December 22,
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 Robert and Dean Bishop on
December
23,
1986.
The Agency alleges that Robert and Dean
Bishop has violated Sections 2l(p)(5),
21(p) (12),
21(p)(2),
21(p)(3), 2l(p)(9),
and 21(p) (11)
of the Act.
The statutory
penalty established
for each of these violations
is $500.00
pursuant
to Section 42(b)(4)
of the Act.
Robert and Dean Bishop 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)(l),
the Board
finds that Robert and Dean
Bishop has violated each and every provision alleged
in the
Administrative Citation.
Since
there are six
(6)
such
violations,
the total penalty to be imposed •is set at
$3,000.00.
It
is hereby ordered that, unless
the penalty has already
been paid, within 30 days.of the date of this Order Robert and
Dean Bishop 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 $3,000.00 which is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
75-274
—2—
I, Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that
he
above Order was adopted on
the
_______________
day o
-,
,
1987 by a vote
of
___________________.
Dorothy
M. i~unn, Clerk
Illinois Pollution Control Board
75.275
DEC
221985
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
_______________
STATE
OF
kLu~oIs
ADMINISTRATIVE CITATION
~
CONTROL
BOAR
IN THE
MATTER
OF:
)
ROBERT
L.
BISHOP AND
IEPA DOCKET NO. 8195-AC
DEAN L.
BISHOP
)
4
(c/f
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 Respondents,
Robert
L.
Bishop and Dean
L.
Bishop, are
the present operators ofa facility located
in the County of Montgomery,
State of Illinois.
2.
That said facility
is operated as a sanitary landfill, opera-
ting under Illinois Environmental Protection Agency Operating Permit
No. 1971—4—OP, and designated with Site Code No. 1358150003.
Said
facility is commonly known
to the Agency as Litchfield/Bishop Landfill.
3.
That Respondents have operated said facility at all times
pertinent hereto.
4.
That on November 12, 1986,
Richard
C.
Johnson, 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.
75-276
VIOLATIONS
On the basis 0f direct observation of Richafd C. Johnson, 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,
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.
IO2l(p)(5).
B.
On November 12,
1986 operated said landfill facility while
having failed
to submit financial documents required by the Board at
35
Ill.
Adm. Code 807.602(b),
in violation of Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
1021(p)(1l).
—2—
75-277
having failed
of a previous
ch.
111½,
par
C.
On
manner which
in violation
D.
On
manner which
in violation
E.
On
having deposi
in violation
F.
On
to collect and contain letter from the site by the end
operating day,
in violation of Ill.
Rev. Stat.
1986 Supp.,
•
l081(p)(12)
November 12,
1986 operated said landfill facility in a
resulted
in leachate flow entering Waters of the State,
of Ill.
Rev.
Stat.
1986 Supp., ch.
111½,
par.
102l(p)(2).
November 12,
1986 operated said landfill facility in
a
resulted
in léachate flows exiting the landfill confines,
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. 1O21(p)(3).
November 12, 1986 operated said landfill
facility while
ted refuse
in an unpermitted portion of the landfill,
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. lO2l(p)(9).
November 12,
1986 operated said landfill facility while
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
F,
for a total
of Three Thousand ($3,000.00)
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 adjudica-
tory 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 28, 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.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 you
elect
to contest this Administrative Citation, any judgment rendered
against you shall
specify the due date of the statutory civil
penalty
and costs assessed against you.
-3-
75.278
If any civil
penalty, be 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.
~
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.
~
/1
Richard
J.
Carlson, Director
-~//~-‘~—
Illinois Environmental Protect4on Agency
Date:
December
18,
1986
75-279
—4-

Back to top