ILLINOIS POLLUTION CONTROL BOARD
    February 25,
    1988
    IN THE MATTER OF:
    JOSEPH THOMAS,
    )
    AC 87—132
    (IEPA Docket No.
    8747—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon
    a December
    31,
    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 Joseph Thomas on January
    4,
    1988.
    The Agency alleges that Joseph Thomas 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.
    Joseph Thomas 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 31.1(d)(l),
    the
    Board
    finds that Joseph Thomas has
    violated the provision alleged
    in the 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 Joseph Thomas
    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,
    IL 62706
    IT IS SO ORDERED.
    86—439

    —2—
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    th
    t
    the above Order was adopted on the
    ~
    day of
    ,
    1988, by
    a vote
    of
    Dorothy M.
    Gunn, Clerk
    Illinois Pollution Control Board
    86—440

    I
    CEC3h98~ HI
    ILLINOIS ENVIRONMENTAL PROTECTION AGENC
    ADMINISTRATIVE CITATION
    IN THE MATTER
    OF:
    )
    é2-z3~-
    JOSEPH THOMAS,
    )
    IEPA DOCKET
    NO. 8747-AC
    Respondent.
    )
    JURISDftTION
    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,
    Joseph Thomas,
    is
    the
    present
    operator
    of a facility located
    in the County of Vermilion, State of Illinois.
    2.
    That
    said
    facility
    is
    operated
    as
    a
    sanitary
    landfill,
    operating
    under
    Illinois
    Environmental
    Protection
    Agency
    Operating
    Permit
    No.
    1974-44-OP,
    and
    designated
    with
    Site
    Code
    No.
    1838040009.
    Said facility is comonly known to the Agency as Thomas 12th Street Land.~
    fill.
    3.
    That
    Respondent
    has
    operated
    said
    facility
    at
    all
    times
    pertinent hereto.
    4.
    That
    on
    November
    17,
    1987, William 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.
    VIOLATIONS
    On
    the basis of direct observation of William Zierath, the Illinois
    Environmental
    Protection
    Agency
    has
    determined
    that
    Respondent
    was
    86—441

    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 November 17,
    1987,
    said landfill facility had uncovered refuse
    remaining from a previous operating day,
    in violation of
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    111½,
    par.
    1021(p)(5).
    CIVIL PENALTY
    Pursuant
    to
    Public
    Act
    84-1320
    (Ill.
    Rev.
    Stat.
    1986
    Supp.,
    ch.
    111½,
    par.
    1042(b)(4)),
    Respondent
    herein
    is subject
    to
    a
    civil
    penalty
    of
    Five
    Hundred
    Dollars
    ($500.00)
    for
    each
    violation
    specified
    above
    in Paragraph A,
    for
    a
    total
    of
    five hundred ($500.00) 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 Feb-
    ruary
    6,
    1988.
    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.
    86—442
    2

    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
    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
    86—443

    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, P0.
    Box
    19276,
    Springfield,
    Illinois
    62794—9276, Attention:
    Enforcement Services.
    Richard J. Carls9fulDirector
    Illinois Environbwf~ta1 Protection Agency
    Date:
    December 29,
    1987
    86—444

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