ILLINOIS POLLUTION CONTROL BOARD

October 29, 1987

IN THE MATTER OF:

DORANCE and DORIS VICE     

)

AC 87—96

(IEPA Docket No. 8568—AC)

Respondents.

ORDER OF THE BOARD:

This matter comes before the Board upon a September 10, 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 Dorance and Doris Vice on

September 12, 1987. The Agency alleges that Dorance and Doris

Vice has violated Sections 2l(p)(7) and 2l(p)(9) of the Act. The

statutory penalty established for each of these violations is

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

Dorance and Doris Vice 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.l(d)(l), the Board finds that Dorance and Doris

Vice 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 Dorance and

Doris Vice 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 $1,000.00 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

82—547

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

Board, hereby cert~ 

tthe

above Order was adopted on the

~ ~~.‘day of            

1987 by a vote of 

Illino P01  on Control Board

82—548

‘~~\~

~

ILLiNOIS ENVI RO~ENTAL

PROTECT:ON

AD~•1J~I STRATIVE CITATION

PO~flr~:

THE t~ATTEROF:

DORANCE VICE AND

)

IEPA DOCKET

I_7-y~

NO. 8568-AC

DORIS VICE,

Respondents.

JURIICON

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, SupD., ch. lll~,par. 1031.1).

FACTS

1.  That Respondents, Dorance Vice and Doris Vice, are the present

owners and operators of a facility located in the County of Henderson,

State of Illinois.

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

without an Illinois Environmental Protection AGency Operating permit

and designated with Site Code No. 0718060001. Said facility is commonly

known to the Agency as Oquawka/Vice.

3.  That Respondents have operated said facility at all times

pertinent hereto.

4.  That on July 30, 1987, Timothy D. Case, 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.

82—549

VOLAT1ONS

On the basis of direct 

observation

of Timothy D. Case, the Illinois

Environmental Protection Aconcy has determined that Respondent was

conducting an unpermitted Thndfill oceration at the above-described

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

Stat. 1935, ch. lll~,par. lO2i(d), in a manner which resulted in the

following conditions:

A.  On or prior to July 30, 1987, said landfill facility accepted

wastes without necessary permits, in violation of Ill. Rev. Stat. 1986

Supp., ch. 111½, par. l021(e)(7).

B.  On or prior to -July 30, 1987, said landfill facility deposited

refuse in an unpermitted portion of said landfill, in violation of

Ill. Rev. Stat. 1986 Supp., ch. lll~, par. 1021(p)(9).

CIVIL PENALTY

Pursuant to Public Act 84-1320 (Ill. Rev. 

Stat.

1986

Supp., ch.

111½,par. 1O42(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.

82—550

If you acknowledge the violations cited hereinabove, the civil

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

13, 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, 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 oi 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

82—551

PROCEDURE FOR CCTIESTIUG THIS

AU~i~iSTRATIVECiTATJO~

~ou have the right to contest this ~dministrativeCitation. See

Public Act 84-1320 (Ill. Rev. Stat. 1926 Supp., ch. 111½, par. 1031.1).

If you elect to contest this i’~dmin~str~tjveCitation, you must file

a Petition for Review with the Cl~r~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.

Richard J. Carlsonjflirector

Illinois Environ~e~talProtection Agency

Date: September 4, 1987

4

82—552