ILLINOIS POLLUTION CONTROL BOARD

May

14,

1987

IN THE MATTER OF:

)

)

NORMAN HOLZHAUER

)

 AC 87—31

)

 (IEPA Docket

No.

 8323—AC)

Respondent.

)

ORDER OF THE BOARD:

This

matter comes

before the Board upon an April 6~ 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

the

Administrative Citation was made upon Norman Holzhauer

 on April

4,

 1987.

 The Agency alleges that Norman Holzhauer has violated

Sections 2l(p)(5)~ 21(p)(12) and 21(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.

Norman Holzhauer 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 Norman Holzhauer has

 violated each and every

 provision alleged

 in the Administrative

Citation.

 Since there are three

(3)

 such violations,

 the total

penalty to

 be imposed

 is set at *1,500.00.

it

 is hereby ordered

 that,

 unless the penaltu has aireadu

been paid~ within 30 days of the date of this Order Norman

Holzhauer shall,

 by certified check

 or money order payable

 to the

State of

 Illinois and designated for deposit

 into the

Environmental Protection Trust Funds

 pay a penalty

 in the amount

of $1~500. 00 which

 is to

 be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

 IL 62706

IT

 IS SO ORDERED.

78-65

—2—

I~Dorothy

H.

 Qunn,

 Clerk

 of the Illinois Pollution Control

Boards

 hereby certify

 t at the above Order was adopted on,the

/-~?~dayof

4_cl

 1987 by a vote of

‘~‘~

Dorothy

H.

 ~(inn,Clerk

Illinois Pollution Control Board

78-66

T@~u~qE~

ILLINOIS ENVIRONMENTAL PROTECTION AGEN

6 198T

ADMINISTRATIVE CITATION

~

 ~~I~O~RD

IN THE MATTER OF:

)

4J~f

NORMAN HOLZHAUER

)

 IEPA DOCKET NO. 8323-AC

)

Respondent.

)

JURISDICTION

This Administrative Citation

 is issued pursuant to the authority

vested

 in the Illinois Environmental Protection Agency by Public Act

84-1320

 (Iii.

 Rev.

 Stat.

 1986, Supp.,

ch.

 111½, par. 1031.1).

FACTS

1.

 That Respondent, Norman Holzhauer,

 is the present operator

of a facility located

in

 the County of Livingston,

 State of Illinois.

2.

 That said facility

 is operated as

 a sanitary landfill, operating

under

 Illinois Environmental

 Protection Agency Operating Permit No.

1978-9-OP, and designated with Site Code No.

 1058210002.

 Said facility

is comonly known to the Agency as Pontiac/Pontiac

 S.L.F.

3.

 That Respondent has operated said facility at all

 times pertinent

hereto.

4.

 That on February 11,

 1987,

 Karen

S.

 Nelson, 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.

78-67

VIOLATIONS

On the basis of direct observation of Karen

 S. Nelson, 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

condi tions:

A.

 On February 11,

 1987 operated said sanitary landfill facility

with uncovered refuse remaining from a previous operating day, in viola-

tion of Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

 111½, par. 102l(p)(5).

B.

 On February 11, 1987 operated said sanitary landfill facility

while

 having failed

 to collect and contain litter from the site by

the end of a previous operating day, in violation of Ill.

 Rev.

 Stat.

1986 Supp.,

ch.

 111½,

 par.

 lO2l(p)(l2).

C.

 On February 11, 1987 operated said sanitary landfill facility

while having failed to submit financial

 assurance documents required

by Illinois Pollution Control

 Board Regulations,

in

 violation of 111.

Rev.

 Stat.

 1986 Supp.,

ch.

 111½, par. lO2l(p)(ll).

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 each violation specified above

in Paragraphs A through C, for

 a total of Fifteen Hundred ($1,500.00)

2

78-68

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

14,

 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

for

 a new permit or for renewal

 of an existing permit.

 Furthermore,

78-69

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.

ff~J~2

C.’

Richard

J.

 Carison, Director

7’’~

Illinois Environmental Protection Agency

Date:

 April

 2, 1987

78-70

4