ILLINOIS POLLUTION CONTROL ROARD
    May
    14,
    1987
    IN THE MATTER OF:
    )
    )
    RALPH
    L.
    FRANKLIN as Mayor of
    )
    AC 87—33
    the Village
    of Washington Park
    )
    CIEPA Docket No.
    8328—AC)
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon an April 7~ 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 oP that
    Administrative Citation
    is attached hereto.
    Service
    of the
    Administrative Citation was made upon the Village of Washington
    Park
    on April 4~ 1987.
    The Agency alleges that the Village
    of
    Washington Park
    has violated Sections 21(p)(5)~2l(p)(12)~
    2l(p)C7) 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.
    The Village of Washington Park 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
    31. 1(d)(1)~ the Board finds
    that the Village
    of Washington Park
    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
    that1
    unless the penaltu has alreadtj
    been paid,
    within 30 days
    of the date
    of this Order the Village
    of Washington Park 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 $2~000.00which
    is to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill
    Road
    Springfield1
    IL 62706
    IT
    IS SO ORDERED.
    78-77

    —2—
    I1
    Dorothy
    M.
    Qunn.
    Clerk
    of the Illinois Pollution Control
    Boar
    ereby certify
    that the above Order was adopted
    on the
    /.
    day of___________________
    1987 by a vote of___________
    Dorothy
    M. Cun~( Clerk
    Illinois Pollution Control Board
    78-78

    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCI~~1APR?i987~~987
    ADMINISTRATIVE CITATION
    j~pou~J~
    ~1~W~P~OftRD
    IN THE MATTER OF:
    )
    RALPH
    L.
    FRANKLIN
    as Mayor of the
    )
    ~
    ‘~‘~‘
    Village of Washington Park,
    and
    )
    IEPA DOCKET NO. 8328-AC
    Village of
    Washington Park,
    an
    )
    incorporated Village in the 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,
    is the present operator of
    a facility located
    in the County of St.
    Clair,
    State of
    Illinois.
    2.
    That said facility
    is operated
    as
    a sanitary landfill, opera-
    ting without any Illinois Environmental Protection Agency Permits,
    and designated with Site Code No.
    1631450004.
    Said facility
    is commonly
    known to the Agency as Washington Park/Municipal
    L.F.
    3.
    That Respondent has operated said facility at
    all
    times pertinent
    hereto.
    4.
    That on February 20,
    1987, Randy Ballard, 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.
    78-79

    VIOLATIONS
    On the basis
    of direct observation
    of. Randy Ballard,
    the Illinois
    Environmental Protection Agency has determined that Respondent was
    conducting an unpermitted landfill operation
    at the above-described
    facility which
    is otherwise 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 February 20, 1987,
    inspection of said unpermitted landfill
    facility revealed uncovered refuse remaining from a previous operating
    day,
    in violation of
    Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½,
    par.
    1021 (p)(5).
    B.
    On February 20, 1987,
    inspection of said unpermitted landfill
    facility revealed a failure to collect and contain letter from said
    site
    by the end of a previous operating day,
    in violation of
    Ill.
    Rev.
    Stat.
    1986 Supp., ch. 111½, par.
    lO2l(p)(12).
    C.
    On February 20,
    1987,
    inspection of said unpermitted land-
    fill facility revealed said facility had accepted wastes without neces-
    sary permits from the Illinois Environmental
    Protection AGency, in
    violation of
    Ill.
    Rev.
    Stat.
    1986 Supp., ch. 111½, par.
    lO2l(p)(7).
    0.
    On February 20, 1987,
    inspection of said unpermitted
    landfill
    facility revealed said facility contained the deposition of refuse
    in an unpermitted portion of said site,
    in violation of
    Ill.
    Rev.
    Stat.
    1986 Supp., ch.
    111½, par.
    102l(p)(9).
    CIVIL PENALTY
    Pursuant to Public Act 84—1320 (111.
    Rev.
    Stat.
    1986 Supp., ch.
    111½, par.
    1O42(b)(4)), Respondent herein is subject to a civil penalty
    2
    7ggfl

    of Five Hundred Dollars ($500.00)
    for each violation specified above
    in Paragraphs A through 0, for
    a total of Two Thousand ($2,000.00)
    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.
    If you acknowledge the violations cited hereinabove, the civil
    penalty specified above shall
    be due and payable no later than May
    16,
    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 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
    3
    78-81

    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.
    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.
    ~
    Richard
    J. Carison, Director
    ~~‘~-‘~f7
    Illinois Environmental
    ProtectiOn Agency
    Date:
    April
    3, 1987
    4
    78-82

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