ILLIN3I~ POLLUTION CONTROL BOARD

August 6, 1987

IN THE MATTER OF:

MARY CHASTEEN, CLERK, CITY OF  )           

AC 87-60

TROY, a municipal corporation )           

(IEPA Case No. 8445—AC)

of the State of Illinois    

)

Respondents.

ORDER OF. THE BOARD:

This matter comes before the Board upon a June 24, 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 Mary Chasteen, Clerk of the

City of Tray on June 

22,

1967. The Agency alleges that the City

of Troy has violated Sections 2l(p)(5), 21(p)7 and 2l(p)(4) of

the Act. The statutory penalty established for each of these

violations is $500.00 pursuant to Section 42(b)(4) of the Act.

The City of Troy 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 3l.1(d)(l), the Board finds that the City of Troy 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 the City of

Troy 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.

80—17 5

—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Bo~.rd, hereby certify that the above Order was adopted on the

I~-,0 day of             

1987 by a vote of___________

7.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

80—176

ILL:~CiS

v:R0~ME~TAL

PR0TECTI0~

AGENC~Y

.~. -•

ST~T~’E CTT~TI0

IN THE RATTER OF:

)

MARY CHASTEN, CLERK,

)

IEPA DOCKET NO. 8445-AC

City of Trov,               

)

a municipal corporation          

)

of the State of Illinois         

)

Respondent.           

)

JURIS~ICTION

This Adminis:rative Citation is issued pursuant to the authority

vested in the Illinois Environmental Protection Agency by Public Act

84—1320 (Ill. Rev. Stat. 1966, Supp., ch. l1l~,par. 1031.1).

FACTS

1.  That Respondent, City of Troy, has operated a facility located

in the County of Madison, State of Illinois.

2.  That said facility was operated as a landfill, operating

without any Illinois Environmental Pr&tection Agency permits, and desig-

nated with Site Code No. 1190000000. Said facility is commonly known

to the Agency as Troy/municipal.

3.  That Respondent has operated said facility at all times pertinent

hereto.

4.  That on April 28, 1987, Randy Ballard, 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.

80—177

Vi0~ATIONS

On th: b:.~s 

dcc: observation

of Randy Ballard, the Illinois

Environmental 

Prc:ect~on~cency

has determined that Respondent was

conducting an 

unoermitted

landfill operation at the above—described

facility, ~:r~chis 

otherwise

required to have a permit pursuant to

Ill. Rev. Stat. 1985, ch. 111:2, par. 1021(d), in a manner which resulted

in the following conditions:

A.  On April 26, 1987, inspection of said unpermitted landfill

ii:v discThsed uncovered

refuse remaining from a previous operating

in

violation of

Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 102l(p)(5).

B.  Cr 

Aor~ 2~,

1~S7, inspection of said unpermitted landfill

facility disclosed the prior acceptance of wastes without necessary

permits, in viclaticn of Ill. Rev. Stat. 1986 Supp., ch. 111½, par.

1021 (p)(7).

C.  On Aorii 28, 1967, inspection of said unpermitted landfill

facility disclosed the prior open burning of refuse, in violation of

Ill. Rev. Stat. 1986 Supp., ch. 111½, par. l021(p)(4).

Pursuant to Public

111½, par. 1O42(b)(4)),

of Five Hundred Dollars

in Paragraphs A through

Dollars. Additionally,

Control Board under the

CIVIL PENALTY

Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.

Respondent herein is subject to a civil penalty

(S5OD.OO) for each violation specified above

C, for a total of Fifteen Hundred (Sl ,500.OO)

should you elect to petition the Illinois Pollution

review process described hereinbelow, and if

~ac1

day,

2

80—178

there

is a finc~n:of the violations aliecea herein, after 

art adjucica:or’.’

hearinc, you snail be assessec the assoc~atedhearing costs incurrec

by ~he ~liinc~s Er’.’ronmental Protection Agency and the Illinois Poilu:’on

Control Board, in addition to the Five Hundred Dollar ($500.00) statutory

penalty for each findinc of violation.

If you ac~ncw1edce the violations cited hereinabove, the civil

penalty specified above shall be due and payable no later than August

3, 1987. If 

ycu

do not petition the Illinois Pollution Control Board

f~r review of this Administrative Citation within thirty—five

(35)

days of service hereof

or

if you elect to contest this Administrative

Citation, any

judcmenz rencered 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, 22C0

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 adjudicato~yhearing, 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,

80—179

if payment is rot received when due, 

t~ Offices of the Illinois Attorney

General 

Shall

be rocuascab 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

P~gencyand the 

IliiflO~S

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 ricnt to contest this Administrative Citation. See

Public Act 

24-1320

(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 Cortrol

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.

//‘• f~ ~

7?

~

) ~

~—

Richard .J. Carlson, Director 

p)’’’

Illinois Environmental Protection Agency

Date: June 19, 1957

80—180