ILLINOIS POLLUTION CONTROL BOARD
March 5, 1987
IN THE MATTER OF:
)
JOHN JENNINGS and
)
AC 87-3
HERBERT JENNINGS
)
(IEPA Docket No. 8218—AC)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon a(n) January 20,
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 John and Herbert Jennings
on January 16, 1987. The Agency alleges that John and Herbert
Jennings has violated Sections 2l(p)(5), 2l(p)(l2), and 21(p)(9)
of the Act. The statutory penalty established for each of these
violations is $500.00 pursuant to Section 42(b)(4) of the Act.
John and Herbert Jennings 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 3l.l(d)(2) of the Act. Therefore,
pursuant to Section 31.l(d)(l), the Board finds that John and
Herbert Jennings 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 penalty has already
been paid, within 30 days of the date of this Order John and
Herbert Jennings 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 $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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certifjr that the above Order was adopted on the
J~
day of
,
1987 by a vote of ~
)77.
Dorothy M. c~nn, Clerk
Illinois Pollution Control Board
76-154
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—1~
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
IJ\~L~.~MN
2OI987_j~J~
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
)
JOHN JENNINGS and
)
HERBERT JENNINGS.
)
IEPA DOCKET NO.8218-AC
Je- I7~
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 Respondents, John Jennings and Herbert Jennings, are
the present operators of a facility located in the County of Brown,
State of Illinois.
2. That said facility is opera~ed•as a sanitary landfill, opera—
ting under Illinois Environmental Protection Agency Operating Permit
No. 1971-16-OP. and designated with Site Code No. 0098030001. Said
facility is commonly known to the Agency as Timewell/Jennings L.F..
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That on November 20, 1986, Ricky G. Lanham, 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.
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VIOLATIONS
On the basis of direct observation of Ricky G. Lanham, 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 November 20, 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 November 20, 1986, operated said landfill facility while
having failed to collect litter from a previous operating
day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½,
par. lO2l(p)(l2).
C. On November 20, 1986. operated said landfill facility while
having deposited refuse in an unpermitted portion of said
landfill, in violation of Ill. Rev. Stat. 1986 Supp., ch.
111½, par. 102l(p)(9).
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 Paragraphs A through C, for a total of Fifteen Hundred ($1,500.00)
Dollars. Additionally, should you elect to petition the Illinois Pollu-
tion Control Board under the review process described hereinbelow,
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76-156
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 Febru-
ary 27, 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 Agenc.~, 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
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
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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
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 ffled with the Illinois
Environmental Protection Agency at 2200 Churchill Road, P.O. Box 19276,
Springfield, Illinois 62794-9276, Attention: Enforcement Services.
Richard
~
J. Carls ‘n,
~
Director
Illinois Environ tal Protection Agency
Date: January 15, 1987
4
76-158