ILLINOIS POLLUTION CONTROL BOARD

May 14, 1987

IN THE MATTER OF:

)

)

NORMAN HOLZHAUER

)

AC 87—30

(IEPA Docket No. 8322—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 of the

Administrative Citation was made upon Norman Holzhauer on April

4~ 1987. The Agency alleges that Norman Holzhauer has violated

Sections 2I(p)(2)~ 21(p)(6) and 21(p)(ll) 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)(l). 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 alreadu

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

Holzhauer shall1 by certified check or money order payable to the

State of Illinois and designated for deposit into the

Environmental Protection Trust Fund1 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

Springfield1 IL 62706

IT IS SO ORDERED.

7g-59

---

—2-

I~ Dorothy M. Cunn, Clerk of the Illinois Pollution Control

Boar hereby certif that the above Order was adopted 09 the

________day of

•

1997 by a vote of

~ ‘~

Illino

lution Control Board

78-60

---

6 I98~j

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

STP.TE QF ILLINOIS

POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

IN THE MATTER OF:

)

NORMAN HOLZHAUER

)

IEPA DOCKET NO. 8322-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, Norman Holzhauer, is the permitted operator

of a facility located in the County of Livingston, State of Illinois.

2. That said facility has been operated as a sanitary landfill,

operating under Illinois Environmental Protection Agency Operating

Permit

No. 1975-63-OP. and designated with Site Code No. 1058070001.

Said

facility is

commonly

known to the Agency as Ocoya/Ocoya S.L.F.

3. That Respondent has been responsible for the operation of

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.

78-61

---

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 nanner which resulted in the following

conditions:

A. On February 11, 1987, inspection of said sanitary landfill

facility revealed leachate flow entering waters of the State, in vio-

lation of 11. Rev. Stat. 1986 Supp., ch. 111½, par. 1021(p)(2).

B. On February 11, 1987, inspection of said sanitary landfill

facility revealed a failure to provide final cover within time limits

established by Illinois Pollution Control Board Regulations, in viola-

tion of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 102l(p)(6).

C. As of February 11, 1987, Respondent had failed to submit

ground water monitoring reports as required by said operating permit

No. 1975-63—OP, in violation of Ill.

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)

Dollars. Additionally, should you elect to petition the Illinois Pol—

2

78-62

---

lution 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,

if payment is not received when due, the Offices of the Illinois Attorney

3

78-63

---

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

Generalbs 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 filed with the Illinois

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

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

~ichardJ. Carison, Director

Illinois Environmental Protection Agency

Date: April 2, 1987

4

78-64