ILLINOIS POLLUTION CONTROL BOARD

May 28,

1987

IN THE MATTER OF:

)

)

VILLAGE OF EAST ALTON

)

AC 87—3d

)

(IEPA Docket No. 8332—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

the Board upon an April

13,

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 the Village of East Alton

on April

9, 1967.

The Agency alleges that the Village of East

Alton has violated Sections 21(p)(5), 2l(p)(8), 21(p)(7)

and

21(p)(l)

of the Act.

The statutory penalty established

for each

of these violations is $500.00 pursuant to Section 42(b)(4) of

the Act.

The Village of East Alton 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 3l.1(d)(l),

the Board finds that the Village

of East Alton has violated each and every provision alleged

in

the Administrative Citation.

Since

there are four

(4) such

violations, the total penalty

to be imposed

is set at

$2,

000. 00.

It is hereby ordered that, unless the penalty has already

been paid,

within 30 days of the date of this Order the Village

of East Alton 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 $2,000.00 which is

to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL 62706

IT

IS SO ORDERED.

78-209

---

—2—

I,

Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

~

day of

,

1987 by a vote of__________

Dorothy M. dunn,

Clerk

Illinois Pollution Control Board

78-210

---

ILLINOIS

ENVIRONMENTAL PROTECTION AGE

APR

I 3

198TJ

ADMINISTRATIVE CITATION

—

IN THE

MATTER

OF:

)

I

VILLAGE OF EAST ALTON,

IEPA DOCKET NO. 8332-AC

an

incorporated Village of

)

the State of Illinois

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, Village of East Alton,

is

the present operator

of a facility, located

in the County of Madison,

State of Illinois.

2.

That said facility

is operated as

a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1974—1—OP, and designated with Site Code No. 1190200001.

Said facility

is commonly known to the Agency as East Alton/municipal.

3.

That Respondent has operated said facility at all times pertinent

hereto.

4.

That on February 24, 1987,

Patrick McCarthy, 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.

78-211

---

VIOLATIONS

On the basis of direct observation of Patrick McCarthy, 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

February 24, 1987, operated said sanitary landfill facility

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

tion of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½, par.

lO2l(p)(5).

B.

On

February 24,

1987 operated said sanitary landfill facility

so

as to cause or allow scavenging c~perations, in violation of

Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½, par. 102l(p)(8).

C.

On

February 24,

1987, inspection of said sanitary landfill

facility revealed the previous acceptance

of wastes without the necessary

permits,

in violation of

Ill.

Rev.

Stat.

1986 Supp., ch.

111½, par.

1021 (p) (7).

D.

On February 24,

1987, operated said sanitary landfill operation

so

as to allow refuse

in standing or flowing water,

in violation of

Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. 1021(p)(l).

CIVIL PENALTY

Pursuant to Public Act 84-1320

(Ill.

Rev. Stat.

1986 Supp.,

cli.

111½, par. 1042(b)(4)),

Respondent herein

is subject to a civil

penalty

of Five Hundred Dollars

($500.00) for each violation specified above

2

78-212

---

in Paragraphs

A through D, for

a total

of Two Thousand ($2,000.00)

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.

If you acknowledge the violations cited hereinabove,

the civil

penalty specified above shall

be due and payable no later than May

20, 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 aga.tnst you.

l4hen 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

3

78-213

---

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 CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right

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,

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.

~

.4~

Richard J. 1’Carlson,

Director/t’

Illinois E~i~onmentalPro~ectionAgency

Date:

April

8, 1987

4