ILLINOIS POLLUTION CONTROL BOARD
July 21,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 94—34
)
(IEPA No.
293-94—AC)
(Administrative Citation)
CITY OF FREEPORT,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 9,
1994
filing of an administrative citation pursuant to Section 31.1 of
the Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency
(Agency).
A copy of that
administrative citation is attached hereto, but will not be
printed in the Board’s opinion volumes.
Service of the
administrative citation was made upon City of Freeport on June 8,
1994.
The Agency alleges that on April 20,
1994,
the City of
Freeport, present owner and/or operator of a facility located in
Stephenson County and commonly known to the Agency as Freeport
Muni #4, violated Section 2l(o)(5) the Act.
The statutory
penalty established for each violation is $500.00 pursuant to
Section 42(b)(4)
of the Act.
The City of Freeport 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 the City of Freeport
has violated the provisions alleged in the administrative
citation.
Since there is one
(1)
such violation, the total
penalty to be imposed is $500.00.
1. It is hereby ordered that, unless the penalty has already been
paid,
within 30 days of the date of this Order the City of
Freeport Company shall,
by certified check or money order
payable to the Illinois Environmental Protection Trust Fund,
pay a penalty in the amount of $500.00, which is to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road,
P.
0. Box 19276
Springfield, Illinois 62794—9276
2. Respondent shall include the remittance form and write the
case name and number
arid its social security or federal
2
Employer Identification Number on the certified check
or money
order.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g) of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
the violation continues.
Section 41 of the Environmental Protection Act,
(415 ILCS 5/41
(1992)), provides for appeal of final orders of the Board within
35 days.
The Rules of the Supreme Court of Illinois establish
filing requirements.
(See also 35 Ill. Adm. Code 101.246,
Motions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify t
t~ieabove order was adopted on the
~‘j~’
day of
~
,
1994,
by a vote of
~ ~0~
Dorothy M./,Gunn, Clerk
Illinois ~1lution
Control Board
I
REULJV~
REMITTANCE FORM
JIJt4
9 1994
STATE OF iLLtNO~S
~‘~‘LLU1~0N
CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
)4~
v.
)
EPA 293—94—AC
)
CITY OF FREEPORT,
)
)
Respondent.
)
FACILITY:
MunI #4
SITE CODE NO.:
1770200015
COUNTY:
Stephenson
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
April
20,
1994
DATE REMITTED:
________________________
SS/FEIN NUMBER:
__________________________
SIGNATURE:
_____________________________
NOTE
Please enter the date of your remittance, your Social Security number
(SS
if
an individual or
Federal Employer Identification Number (FEIN)
if a
corporation, and sign this Remittance Form.
Be sure your check
Is enclosed
and mall, along with Remittance Form,
to Illinois Environmental Protection
Agency, Attn.:
Fiscal Services, 2200 Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois 62794—9276.
psj ,0749w,84
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
) AC_______
)
(IEPA No. 293-94—AC)
CITY OF FREEPORT,
)
)
Respondent
)
JURISDICTION
This Administrative Citation
is
Issued pursuant to authority vested
in the
Illinois
Environmental Protection Agency by
415 ILCS 5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1031.1.
FACTS
1.
That Respondent, City of Freeport,
Is the present operator of a
facility located
in the County of Stephenson,
State of Illinois.
2.
That said facility
Is operated
as a sanitary landfill, operating
under Illinois Environmental
Protection Agency Operating Permit No.
1986—10—OP. and designated with Site Code No.
1770200015.
Said facility
is
commonly known
to the Agency
as Freeport Muni #4.
3.
That Respondent has owned or operated said facility
at
all
times
pertinent hereto.
4.
That on April 20,
1994, KatherIne Geyer, 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.
VIOLATIONS
On the
basis of direct observation of Katherine Geyer,
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 415
ILCS 5/21(d),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1021(d),
in a manner which resulted
in
the following
conditions:
A.
That on April 20,
1994 an on—site Inspection of said sanitary
landfill
facility and a review of Illinois Environmental Protection Agency
files and records
of said facility, disclosed the following:
(1)
Uncovered refuse remaining from a
previous operating day,
In
violation of 415 ILCS 5/2l(o)(5),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2, para.
1021(o)(5).
CIVIL PENALTY
Pursuant to 415 ILCS 5/42(b)(4),
1992;
Ill.
Rev.
Stat.
ch.
ill
1/2,
para.
l042(b)(4),
Respondent herein
is
subject to a civil
penalty of Five Hundred
Dollars ($500.00) for each violation specified above
In Paragraph A, for a
total of
Five Hundred Dollars.
Additionally, should Respondent 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, Respondent
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 July 14,
1994.
2
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.
If any civil
penalty imposed by the Illinois Pollution
Control Board
is not paid within the time prescribed
in the order,
interest on
such penalty will
be assessed for the period from the date payment
is due
until
the date payment
is received.
Furthermore,
If payment
is not received
when due,
the Office 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,
interest,
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
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the
right to contest this Administrative Citation.
~
415 ILCS
5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
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:
Division of Legal
Counsel.
~
A. ~
L
Mary A. Gade, D1rector~
“
Illinois Environmental Protection Agency
Prepared by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box 19276
Springfield,
IL
62794—9276
217/782—5544
Date:
~June
6,
1994
psj ,0749w,80—83
4