ILLINOIS POLLUTION CONTROL BOARD
March 19,
1987
IN THE MATTER OF:
)
BERGBOWER LANDFILL
)
AC 87-9
(IEPA Docket No. 8235—AC)
Respondent.
ORDER OF THE BOARD:
This matter
comes before
the Board upon a(n) February
2,
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
of
that Administrative Citation
is attached hereto.
Service of the
Administrative Citation was made upon Bergbower Landfill on (no
date on receipt card).
The Agency alleges that Bergbower
Landfill has violated Sections 2l(p)(5), 2l(p)(3), 2l(p)(l)
and
2l(p)(1l)
of
the Act.
The statutory penalty established for each
of these violations
is $500.00 pursuant to Section 42(b)(4)
of
the Act.
Bergbower Landfill 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.l(d)(2)
of the Act.
Therefore, pursuant to
Section 31.l(d)(1),
the Board
finds that Bergbower Landfill 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 Bergbower
Landfill 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.
76-488
—2—
I, Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi y that the above Order was adopted
orj
the
/9-~
day of
,
1987 by
a vote of
(~.
0
Dorothy M.
Gurin, Clerk
Illinois Pollution Control Board
76-489
FEB
2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
L
~IATE0FILLIW0IS
POLLUTION
CONTROL
BOARD~_...
ADMINISTRATIVE CITATION
IN THE MATTER
OF:
)
~
(7_v
BERGBOWER LANDFILL,
INC.
)
IEPA DOCKET NO.
8235—AC
an Illinois corporation
)
)
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, Bergbower Landfill,
Inc.,
is the present
operator of a facility located
in the County of Jasper, State of
Illinois.
2.
That said facility
is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1976—19-OP, and designated with Site Code No. 0798090002.
Said facility
is commonly known
to the Agency as Bergbower/Richardson
L.F..
3.
That Respondent
has operated said facility at all
times pertinent
hereto.
4.
That on December
9, 1986,
William
E.
Zierath, 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.
76-490
VIOLATIONS
On the
basis of direct observation of William
E.
Zierath, 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 December
9, 1986,
operated said 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).
B.
On December 9,
1986,
operated said landfill facility
in
a
manner which resulted
in leachate flows exiting the land-
fill confines,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.~1ll½,par. lO2l(p)(3).
C.
On December
9, 1986,
operated said landfill facility with
refuse
in standing or flowing water,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
1021(p)(l).
D.
On December
9,
1986,
operated said landfill facility while
having failed to submit required financial assurance docu-
ments required by Board Regulations
at
35
Ill.
Adm. Code,
Section 807.601,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021 (p)(l1
).
CIVIL PENALTY
Pursuant to Public Act 84-1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111~,par.
1042(b)(4), Respondent
herein
is subject
to
a civil
penalty
2
76.491
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraphs
A through D,
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 March
12, 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, be 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
76-492
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.
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.
Richard
J.
Carlson, Director ~
Illinois Environmental Protection Agency
Date:
January
28,
1987
4