ILLINOIS POLLUTION CONTROL BOARD
April 30,
1987
IN THE MATTER OF:
)
)
JOHN DAUBS
)
AC 87—21
)
(IEPA Docket No. 8289—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board
upon a March 18,
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 John Daubs on March 14,
1987.
The Agency alleges that John Daubs has violated Sections
2l(p)(5)
and 2l(p)(1l)
of the Act.
The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4)
of the Act.
John Daubs 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.l(d)(2)
of the Act.
Therefore,
pursuant
to
Section 31.l(d)(l),
the Board
finds that John Daubs 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 John Daubs
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.
77-291
—2—
I, Dorothy
H. Gunn,
Clerk of the Illinois Pollution Control
Boar~,d, hereby certify that the above Order was adopted on the
~C~-day
of
,
1987 by a vote of__________
~
/t
Dorothy
M.’ Gunn,
Clerk
Illinois Pollution Control Board
77.292
11
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8 t~si
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ~
ST~1EoFIw
ADMINISTRATIVE CITATION
~
IN THE MATTER OF:
)
47c
f7—6-/
JOHN DAUBS
)
IEPA DOCKET NO.
8289-AC
)
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, John Daubs,
is the present operator of a
facility located
in the County of Wayne, State of Illinois.
2.
That said facility is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
l979-6-OP, and designated with Site Code No.
1918080001.
Said facility
is comonly known to the Agency as Fairfield/Daubs.
3.
That Respondent has operated said facility at all times pertinent
hereto.
4.
That on January
16,
1987, Thomas Edmondson, 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.
77-293
VIOLATIONS
On
the basis of direct observation of Thomas Edmondson,
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 January 16, 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. 102l(p)(5).
B.
On January 16,
1987 operated said sanitary landfill facility
while having failed to submit reports required by Permit
No.
1979-6-OP,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
102l(p)(ll).
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 PollutionControl
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
2
77..294
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
ttian
April
27,
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, 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
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
3
77-295
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.
Ca.rlson, Director
Illinois Environmental Protection Agency
DATED:
March
13,
1987
4
77-296