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
    /~Z~ë~
    day of
    )“J71t-t_~..L’
    ,
    1988,
    by
    a vote o~
    7O
    ~EhyM.C1~~~
    Illinois Pollution Control Board
    87—5q

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    AMENDED
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    M.I.G.
    INVESTMENTS, INC.
    Respondent.
    FACTS
    )
    )
    )
    )
    )
    ~r~j:
    ~fk\’IiE~f$’
    ~RIt
    ¶R
    JLUNUiS
    ~(LU~OWcONTRO1BO~P’
    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.
    1~
    I
    //
    4~
    /~
    7’
    I!
    ~
    )--
    ~c~’~-T7-’
    ,~
    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
    /4
    ,‘
    ~—
    )~
    ,9ARBARA K. MCGEE
    /
    ~
    (~
    cmit
    OF
    !LiJNO~S
    Notary
    Pub~.1~YcoMM~sslo~4
    Exp~REs4--9~
    87-64

    Back to top