ILLINOIS POLLuTION CONTROL BOARD
April 30, 1987
IN THE MATTER OF:
KENNETH
F.
ILE,
)
AC 87—20
)
(IEPA Docket No. 8207—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 Kenneth lie on March 14,
1987.
The Agency alleges that Kenneth
lie has violated Section
21(p)(9) of the Act.
The statutory penalty established for this
violation
is $500.00 pursuant
to Section 42(b)(4)
of the Act.
Kenneth Ile 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.i(d)(2)
of the Act.
Therefore, pursuant
to
Section 3l.l(d)(l),
the Board
finds
that Kenneth lie has violated
the provision alleged
in the Administrative Citation.
Since
there is one
(1)
such violation,
the total penalty to
be
imposed
is set at $500.00.
It
is hereby ordered that, unless the penalty has already
been paid,
within 30 days of the date of
this Order Kenneth lie
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 $~00.00
which is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
77-285
—2—
I, Dorothy
N. Gunn, Clerk of the Illinois Pollution Control
Board,
herftby certify that the above Order was adopted on
the
______________
day of
~i~(
,
1987 by a vote
of
c
.
Dorothy M.~unn, Clerk
Illinois Pollution Control Board
77.286
H\
~R
I
8!981
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
~
rNCONTROL
8W
ADMINISTRATIVE CITATION
IN
THE
MATTER
OF:
)
KENNETH F.
ILE,
)
IEPA DOCKET NO. 8287-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. ill½~par.
1031.1).
FACTS
1.
That Respondent, Kenneth
F.
lie,
is the present operator
of a facility located
in the County of Edwards, State of Illinois.
2.
That said facility
is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1972-6l—OP,
and designated with Site Code No. 0478580001.
Said facility
is commonly known
to the Agency as Albion/Edw~rdsCo.
L.F.
3.
That Respondent has operated said facility at all
times pertinent
hereto.
4.
That on January 22, 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.
77.287
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 faci1ity,
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 22, 1987 was responsible for the operation of
said sanitary landfill facility while having deposited refuse
in an
unpermitted portion of said landfill facility,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. 1O21(p)(9).
CIVIL
PENALTY
Pursuant to
Public Act 84—1320
(Ill.
Rev. Stat.
1986 Supp.,
ch..
111½, par.
l042(b)(4)),
Respondent herein
is subject to a civil penalty
of Five Hundred Dollars ($500.00) for the violation specified above
in Paragraph
A.
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 violation alleged herein, after an
adjudicatory hearing, you shall
be assessed the associated hearing.
costs incurred by the Illinois Environmental Protection AGency and
the Illinos Pollution Control
Board,
in addition to the Five Hundred
Dollar
($500.00) statutory penalty.
If you acknowledge the violation cited hereinabove,
the civil
penalty specified above shall
be due and payable
no
later than April
2
77.288
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
Agency and the Illinois Pollution Control
Board,
if any; the Attorney
General’s Office will seek to recover their costs of litigation.
3
77.289
PROCEDURE
FOR CONTESTING THIS
AD~4INISTRATIVECITATION
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.
Richard
J. Ca~json,Director
Illinois Environmental Protection Agency
Dated:
March
13,
1987
4
77-290