ILLINOIS POLLUTION CONTROL BOARD

August 6, 1987

IN THE MATTER OF:

)

CITY OF ROCHELLE

)

AC 87—67

(IEPA Docket No. 8456-AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a June 26, 1967

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 the City of Rochelle on

June 25, 1967. Tne Agency alleges that the City of Rochelle has

violated Section 2l(p)(12) of the Act. The statutory penalty

establisheã for this violation is $500.00 pursuant to Section

42(b)(4) of the Act.

The City of Rochelle 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 the City of Rochelle

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 da~teof this Order the City of

Rochelle 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 Criurchill Road

Springfield, IL 62706

IT IS SO ORDERED.

80—193

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

Board, heçeby certify that t~he above Order was adopted on

the

______________

day of

~

,

1987 by a vote

of

______________.

Illino Pollution Control Board

80—194

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E:~::~J~~:::~TALPROTECTION AG

~

-~~‘

Pr~.~’’’’~—

rTT~~C~~,l

~

~LI~L

IN

THE MATTER OF:

)

~

~c7-~?

CITY OF ROCHELLE,

)

IEPA DOCKET NO. 8456-AC

a municioal corporation in

the State

of Illinois,

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to the authority

vested

in

the Illinois Environmental Protection Agency by Public Act

84-1320 (111.

Rev.

Stat. 1936, Supp., ch. 1ll~, par. 1031.1).

FACTS

1. That Respondent, City of Rochelle, is the present owner and

operator of a facility located in the County of Ogle, State of Illinois.

2. That said facility is operated as a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1972-46, and designated with Site Code No. 1418030020. Said facility

is commonly known to the Agency as Rochelle Municipal #2.

3. That Respondent has owned and operated said facility at all

times pertinent hereto.

4. That on May 7, 1987, Jack Hoizer, 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.

SO— 195

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/Tñ~ ~T

On

~.“-:

bosis of direct observation of Jack Holzer, the Illinois

Environ~rental Protection Agency has determined that Respondent was

conducting a sanitery landfill operation at the above—described facility,

which is required to have a permit pursuant to Ill. Rev. Stat. 1985,

ch. lll~,par. 1021(d), in a manner which resulted in the following

conditions:

A. An ins~pectionof said facility on May 7, 1987 revealed a

failure to collect and contain litter from the site by the end of each

operating day, in violation of Ill. Rev. Stat. 1986 Sup~.,ch. l1l~,

par lO2l(p)(l2).

CIVIL PENALTY

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

ll1~, par. 1042(b)(4)), Respondent herein is subject to a civil penalty

of Five Hundred Dollars (S500.O0) for each violation specified above

in Paragraph A, for a total of Five Hundred ($500.00) Dollars. Addi-

tionally, should you elect to petitionthe Illinois Pollution Control

Board under the review process described hereinbelow, and if there

is a finding of the violation 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 violation cited hereinabove, the civil

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

1, 1987. If you do not petition the Illinois Pollution Control Board

2

80—196

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for rev~e~:of th~tAdmi~i.t’~tiveCitation witnin thirty—five (35)

days of s~ce ~-e~f or

~lectto contest this Administrative

Cizatic~:,

CL,

~manc rendered acainst you shall specify the due date

of the statutory civil penalty and any costs assessed against you.

1.:her, pay~antis mode, 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 com:lete ar.d return the enclosed Remittance Form, along

with yo~rpayment, to assure proper documentation of payment.

I~any

Civii

~enaity,be reason of acknowledgment, default or

finding after adjudicatory hearinc, 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~sOffice 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. ll1~,par. 1031.1).

3

80—197

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If you elect to contest this Administrati’.e Citation, you must file

a Petition for Review ‘,y~th tha C~erkof the Illinois Pollution Control

Board. A coov o~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

6060l; and, a copy of said Petition for Review filed with the Illinois

Environmental Protection Agency at 2200 Churchill Road, i~.O. Box 19276,

Springfield, Illinois 62794-9276, Attention: Enforcement Services.

Richard J. Carls9n, ~irector

Illinois Environ~.n~t’alProtection Agency

Date: June 23, 1987

4

80— 198