ILLINOIS POLLUTION CONTROL BOARD

June 25, 1987

IN THE MATTER OF:

)

ARTHUR A. DANIELS, PRESIDENT

)

AC 87—43

JOHN SEXTON CONTRACTORS CO.

)

(IEPA Docket No. 8373—AC)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a May 8, 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 Arthur A. Daniels on May 8,

1987. The Agency alleges that Arthur A. Daniels has violated

Section 2l(p)(5) of the Act. The statutory penalty established

for this violation is $500.00 pursuant to Section 42(b)(4) of the

Act.

Arthur A. Daniels 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.1(d)(2) of the Act. Therefore, pursuant to

Section 3l.l(d)(l), the Board finds that Arthur A. Daniels 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 date of this Order Arthur A.

Daniels 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 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

78-494

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—z—

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

Board, hereby certify that th above Order was adopted on

the

_______________

day of

_____________,

1987 by a vote

of

-

o

.

Dorothy M. unn, Clerk

Illinois Pollution Control Board

78-495

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81987

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

POLUJTWU

_______________

STATE CONTROLOF ILLINWSBO~

ADMINISTRATIVE CITATION

IN THE MATTER OF:

)

ARTHUR A. DANIELS, PRESIDENT

)

IEPA DOCKET NO. 8373-AC

JOHN SEXTON CONTRACTORS CO.

)

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. 1986, Supp., ch. 111½, par. 1031.1).

FACTS

1. That Respondent is the present operator of a facility located

in the County of Cook, State of Illinois.

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

under I1lino~s Environmental Protect’ion Agency Operating Permit No.

1972-43-OP, and designated with Site Code No. 0311590001. Said facility

is commonly known to the Agency as Sexton L.F.

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

hereto.

4. That on March 18, 1987, Gino Bruni. of the Illinois Environmental

Protection Agency, inspected the above-described landfill facility.

A copy of the inspection report setting forth the results of such inspectic

is attached hereto and made a part hereof.

78-496

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VIOLATIONS

On the basis of direct observation of Gino Bruni, 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 March 19, 1987, operated said sanitary landfill facility

with uncovered refuse remaining from a previous operation day, in viola-

tion of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(5).

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 the violation specified above

in Paragraph P. 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 a findin~of violation.

If you acknowledge the violations cited hereinabove, the civil

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

18, 1987. If you do not petition the Illinois Pollution Control Board

2

78.497

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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~ñtoconsideration 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.

PROCEDURE FOR CONTESTII4G 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).

3

78498

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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.

U~hardJ. Carison, Director

Illinois Environmental Protection Agency

Date: May 6, 1987

4