ILLINOIS POLLUTION CONTROL BOARD
March
10,
1988
IN THE MATTER OF:
M.I.G.
INVESTMENTS, INC.
)
AC 87—110
(IEPA Docket No.
8668—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon
a January 26,
1988
filing of an amended 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 amended Administrative Citation
is attached hereto.
The
Agency alleges that M.I.G.
Investments has violated Section
21(p)(5) of
the Act.
The statutory penalty established
for
this
violation is $500.00 pursuant to Section 42(b)(4)
of the Act.
Therefore,
pursuant to Section 3l.l(d)(l),
the Board
finds
that M.I.G.
Investments has violated the provision alleged
in the
amended Administrative Citation.
Since there
is one
(1)
such
violation,
the total penalty
to be imposed
is set at $500.00.
It
is hereby ordered
that,
unless
the penalty has already
been paid, within
30 days of the date of this Order M.I.G.
Investments 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 $500.00 which
is to
be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
IT
IS SO ORDERED.
I,
Dorothy
M. Gunn, Clerk of
the Illinois Pollution Control
Board,
hereby certif
that the above Order was adopted on the
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day of
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,
1988,
by
a vote o~
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Illinois Pollution Control Board
87—5q
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AMENDED
ADMINISTRATIVE CITATION
IN THE MATTER OF:
M.I.G.
INVESTMENTS, INC.
Respondent.
FACTS
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IEPA DOCKET
NO. 8668—AC
JURISDICTION
This
Amended Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
I1linc~s Environmental
Protection
Agency
by
Public
Act
84-1320
(111.
Rev.
Stat.
1986,
Supp,,
ch.
111½,
par.
1031.1).
1.
That
Respondent,
M.I.G Investments,
Inc.,
is
the
present
operator of
a facility located
in the County of Boone, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1972-32—OP,
and
designated
with
Site
Code
No.
0070050002.
Said facility
is commonly known
to the Agency
as Belvidere/MIG Investments,
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
October
13,
1987, Thomas Henninger,
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.
Inc.
87—60
VIOLATIONS
On
the
basis of
direct observation
of
Thomas Henninger,
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 October 13,
1987 operated said sanitary landfill
facility
with uncovered refuse remaining from
a previous operating day,
in
violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021(p)(5).
CIVIL PENALTY
Pursuant
to
Public
Act 84-1320
(Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
l042(b)(4)),
Respondent
herein
is subject
to
a
civil
penalty
of Five Hundred Dollars
($500.00) for the violation specified above.
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 Decem-
ber 22,
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
2
87—6 1
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
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
Generals Office will
seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE 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
87—62
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.
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Richard J.
CarTson, Director
Illinois Environmental Protection Agency
Dated:
January 22,
1988
87—63
STATE OF
ILLINOIS
)
)
SS
COUNTY OF SANCAMON
)
PROOF OF SERVICE
I,
the undersigned,
on oath state that
I have served
the attached
MOTION
upon
the
person
to
whom
it
is
directed,
by
placing
a
copy
in an envelope addressed
to:
Ms.
Dorothy M.
Gunn,
Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11—500
Chicago,
IL 60601
Mr.
Thomas
J.
linmel
Attorney at Law
1118 South
Sixth Street
Springfield,
IL 62703
and sending
it by certified mail,
return receipt requested
from
Springfield,
Illinois
on
January 22
,
19
88
with sufficient postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this 22nd
day of
January
,
1988
~
OFFiCiAL
SEAL
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,9ARBARA K. MCGEE
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cmit
OF
!LiJNO~S
Notary
Pub~.1~YcoMM~sslo~4
Exp~REs4--9~
87-64