ILLINOIS POLLUTION CONTROL BOARD

March 19,

1987

IN THE MATTER OF:

LESLIE THORSON

)

 AC 87—8

(IEPA Docket No.

 8229—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board

 upon a(n) January 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 Leslie Thorsori on

 (no date

on receipt

 card)

 The Agency alleges that Leslie Thorson has

violated Sections 2l(p)(5)

 and 21(p)(6)

of

 the Act.

The

statutory penalty established

 for each of these violations

is

$500.00 pursuant to Section 42(b)(4)

 of the Act.

Leslie Thorson 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)(j,

 the Board

 finds that Leslie Thorson 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 Leslie

Thorson 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.

76.482

—2—

I, Dorothy M. Gunn, Clerk

 of the Illinois Pollution Control

Board, hereby certif

 that the above Order was adopted on the

 day of

 1987 by

 a vote of

~‘O

Dorothy M.

 unn,

 Clerk

Illinois Pollution Control Board

76.483

ll~\JAN_271987

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGEP1~(U

JL.1~

ST~T~

ADMINISTRATIVE

 CITATION

POLLWiOri

CONThO

IN THE

MATTER

OF:

)

rYU

LESLIE THORSON

)

 IEPA DOCKET NO.

 8229-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, Leslie Thorson, is

 the property owner of

a tract located

 in the County of Kendal, State of Illinois.

2.

 That said property has been operated

as

 a landfill, opera-

ting without

an

 Illinois Environmental Protection Agency Operation

Permit,

 and designated with Site Code No. 0938050003.

 Said property

is commonly known to the Agency as the Thorson Dump.

3.

 That Respondent has owned and been responsible for said pro-

perty at

all

 times

 pertinent hereto.

4.

 That on December 4,

 1986,

 Charles J.

 Gruntman, 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.

76.484

VIOLATIONS

On the basis of direct observation of Charles J.

 fruntman,

the

Illinois

 Environmental Protection Agency has determined that Respondent

was conducting a landfill operation at the above-described property,

which

 is required to have

 a permit pursuant to

 Ill.

 Rev. Stat.

 1985,

ch.

 111½,

 par. 1021(d), without any permits and in a manner which re-

suited

 in the following conditions:

A.

 On December 4,

 1987, said unpermitted landfill

 had un-

covered refuse remaining from

 a previous oeprating day,

in violation of

 Ill.

 Rev.

 Stat. 1986 Supp.,

ch.

 111½,

par.

 lO2l(p)(5).

B.

 On December 4, 1987 said unpermitted landfill

 had failed

to

 provide final cover within time limits established by

Board Regulations,

 in violation of Ill.

 Rev.

 Stat.

1986

Supp.’,

ch.

 111½,

 par. lO2l(p)(6).

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 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 adjudica-

tory hearing, you

 shall

 be assessed the associated hearing costs

 incurred

2

76.485

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 March

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 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

76-486

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 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.

~

Richard J.

 Carlson, Director

Illinois Environmental

 Protectthn Agency

Date:

 January

 23, 1987

4

76-487