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