ILLINOIS POLLUTION CONTROL BOARD
    December 17, 19.87
    IN THE MATTER OF:
    )
    GERALD CANNON
    )
    AC 87—103
    )
    (IEPA Docket No. 8637—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon an October 27, 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 Gerald Cannon on October
    29, 1987. The Agency alleges that Gerald Cannon has violated
    Sections 2l(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.
    Gerald Cannon 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 Gerald Cannon has
    violated each and every provision alleged in the Administrative
    Citation. Since there are two (2) such violations, the total
    penalty to be imposed is set at $1,000.00.
    It is hereby ordered that, unless the penalty has already
    been paid, within 30 days of the date of this Order Gerald Cannon
    shall, by certified check or money order payable to the State of
    Illinois and designated Eor deposit into the Environmental
    Protection Trust Fund, pay a penalty in the amount of $1,000.00
    which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    IT IS SO ORDERED.
    84—707
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif that the above Order was adopted on the
    /7’~
    day of
    ,
    1987 by a vote of___________
    Pollu t Control Board
    84—708
    ILLINOiS Er:VIR0~MENTAL PROTECTION AG~
    o~2TI9~j
    ADMINISTRATIVE CITATION
    •~
    STATEOF iLUN~IS
    ~.LW1Q~1
    CONTROL BOARD
    IN THE MATTER OF:
    )
    GERALD CANMON,
    )
    IEPA
    &
    DOCKET
    87-i~3
    NO. 8637-AC
    )
    Respondent.
    )
    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 Respondent, Gerald Cannon, is the present operator of
    a facility located in the County of Williamson, State of Illinois.
    2. That said facility is operated as a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    l974-l4-OP, and designated with Site Code No. 1998620003. Said facility
    is commonly known to the Agency as Marion/Cannon.
    3. That Respondent has operated said facility at all times pertinen
    hereto.
    4. That on August 31, 1987, Charles Hayduk, 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.
    84—709
    VIOLATIONS
    On the basis of direct observation of Charles Hayduk, 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. Inspection of said landfill facility on August 31, 1987 re-
    vealed said facility had accepted wastes without necessary permits,
    in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(7).
    B. On August 31, 1987 operated said landfill facility by causing
    or allowing open burning of refuse in violation of Ill. Rev. Stat.
    1986 Supp., ch. 111½, par. lO2l(p)(4).
    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 and B, for a total of One Thousand ($1,000.00) 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.
    2
    84—710
    If you acknowledge
    the violations cited hereinabove, the civil
    penalty specified above shall be due and payable no later than December
    7, 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 judament rendered aaainst
    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, 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
    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.
    3
    84—711
    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.
    ?
    / •~~f:~’
    /
    /~/.
    )
    (‘~
    Richard
    J. Carlson, Director 2~—’~
    Illinois Environmental Protection Agency
    Dated: October 23, 1987
    4
    84—712

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