ILLINOIS POLLuTIOr~CONTROL BOARD
June
30, 1988
IN THE MATTER OF:
JAMES
L. WATTS,
)
AC 88—50
(IEPA Docket No. 8989—AC)
Respondent.
ORDER OF THE BOARD:
This matter
comes before
the Board upon
a May 13,
1988
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 May 12,
1988.
The Agency alleges
that James
L. Watts has violated
Sections 2l(p)(5),
2l(p)(12),
21(p)(l)
and 21(p)(9)
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.l(d)(2)
of
the Act.
Therefore,
pursuant
to
Section 31.1(d)(l),
the Board finds that James
L. Watts has
violated each and every provision alleged
in the Administrative
Citation.~ Since
there
are four
(4)
such violations,
the total
penalty to be imposed
is set
at $2,000.00.
It
is hereby ordered
that,
unless the penalty has already
been paid, within
30 days of
the date
of this Order James
L.
Watts 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 $2,000.00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
90—565
—2—
I, Dorothy
M. Gunn, Clerk of
the Illinois Pollution Control
Board, hereby certify
t-~at
the above Order was adopted on
the
~
day
of
,
1988,
by
a vote
of
7
7
Dorothy M..,~4ónn,Clerk
Illinois P&-llution Control Board
90—566
-
ILLINOIS ENVIRONMENTAL PROTECTION
4GOt~Y
I
~.‘1AY
131988
ADMINISTRATIVE
CITATION
__________
STATE OF
ILLINUiS
POWJT1ON CONTROL B0~RO
IN THE MATTER
OF:
)
~
~
James
L.
Watts,
)
IEPA DOCKET
NO.
8989—AC
Respondent.
JURISDICTIO~I
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
is
the
present owner and/or
operator of
a facility located
in the County of Sangamon,
State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1980—23-OP,
and
designated
with
Site
Code
No.
1678220037.
Said facility is commonly known
to the Agency as Sangamon Valley Landfill.
3.
That
Respondent
has
owned and/or operated
said
facility
at all
times pertinent hereto.
4.
That
on
Aprfl
8,
1988,
Ricky 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.
9
0—567
VIOLATIONS
On
the
basis of direct
observation of
Ricky 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:
That
on
April
8,
1988
inspection
of
said
sanitary
landfill
facility
disclosed
the following:
A.
Uncovered
refuse
remaining
from
a
previous
operating
day,
in
violation
of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,par.
102l(p)(5).
B.
Failure
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).
C.
Refuse
in
standing
or
flowing
water,
in
violation
of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(l).
D.
Deposition
of
refuse
in
an
unpermitted
portion
of
said
landfill
facility,
in
violation
of
Ill.
Rev.
Stat.
f1986
Supp.,
ch.
111½,
par.
1021(p)(9).
CIVIL
PENALTY
Pursuant
to
Public
Act 84—1320
(111.
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 trhough
D,
for
a
total
of
Two Thousand
($2,000.000)
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
90—
568
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 June
20,
1988.
If
you
do
not
petition
the
Illinois
Pollution
Control
Board
for
review
of
this
Adninistrative
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 Environnental
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.
3
90—569
PROCEDURE
FOR CONTESTING THIS
ADIINISTRATIVE
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.
~
_______
Bernard
P.
Killian, Acting Director
Illinois Environmental Protection Agency
Date:
May
10,
1988
rcg:A-O5
90—570