ILLINOIS POLLUTION CONTROL BOARD
March 24, 1988
IN THE MATTER OF:
ROY FRIETSCH,
)
AC .88—11
(IEPA Docket No. 8828—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a February 10, 1988
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 Roy Frietsch on February. 9,
1988. The Agency alleges that Roy Frietsch has violated Sections
2l(p)(5) and 21(p)(5) of the Act. The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4) of the Act.
Roy Frietsch 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) (1), the Board finds that Roy Frietsch 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 a1re~y
been paid, within 30 days of the date of this Order Roy Frietsch
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.
87—25 9
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board hereby cer i that the above Order was adopted on the
~‘.~b~day of
,
1988, by a vote of
—.
Ill s Pollut Control Board
87—260
ILLINOIS ENVIRONMENTAL PROTECTION
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
ROY FRIETSCH,
)
IEPA DOCKET NO. 8828-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, Roy Frietsch, is the present operator
of
a facility located in the County of Peoria, State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1973-OP-37, and designated with Site Code No. 1430050003.
Said facility is commonly known to the Agency as Bartonville/Frietsch L.F..
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on December 21 and 22, 1987, James J. Jones, 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.
87—26 1
VIOLATIONS
On the basis of direct observation of James J. JOnes, 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. That on December 21, 1987 said landfill facility had uncovered
refuse remaining from a previous operating day, in violation of
Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1021(p)(S).
B. That on December 22, 1987 said landfill facility had uncovered
refuse remaining from a previous operating day, in violation of
Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1O21(p)(S).
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 each viciaticn 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
87—262
If you acknowledge the violations cited hereinabove, the civil
penalty specified above shall be due and payable no later than March
16, 1988. 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 dpplication
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
87— 263
PROCEDURE FOR CONTESTING THIS
~ADt1iflISTRATIVECITATION
You have the riçht 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, Il1ir~is
60601; and, a copy of said Petition for Review fi1~dwith t~e
IUinci~
Environmental Prctect~on AQency at 2200 C~urchiil
Road,
P~Q. Box 1~27S~
Springfield, Illinois 627~4-275.Attention: Enfor~en~entServ~ceL.
R
___
_____
____
Richard J. Carson, Director
Illinois Environmental Protection Agency
Date: February 5, 1988
87—264