ILLINOIS POLLUTION CONTROL BOARD

April

1,

1987

IN THE MATTER OF:

LOREN DOWTY

)

AC 87-11

(IEPA Docket No. 8237—AC)

Respondent.

ORDER OF THE BOARD:

This matter

conies before the Board upon

a February

2,

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 Loren Dowty on February

19,

1987.

The Agency alleges that Loren Dowty has violated Sections

21(p)(5)

and 21(p) (11) of the Act.

The statutory penalty

established

for each of these violations

is $500.00 pursuant to

Section 42(b)(4)

of the Act.

Loren Dowty 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 3l.l(d)(1),

the Board

finds that Loren Dowty has violated

each and every provision alleged

in the Administrative

Citation.

Sir?ce 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

Loren Dowty

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.

77-65

---

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

~-~‘

?~•

/1L~

Dorothy

M.

Gunn, Clerk

Illinois Pollution Control Board

77-66

---

p~u~

jj~

~EB 2

198?

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY J_~

STATE

GF 1LLi~O~S

ADMINISTRATIVE CITATION

IN THE MATTER OF:

)

~

LOREN DOWTY

)

IEPA DOCKET

NO. 8237-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, Loren Dowty,

is the present operator of

a facility located in the County of Lawrence, State of Illinois.

2.

That said facility is operated as

a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1981-23-OP, and designated with Site Code No. 1018020002.

Said facility

is commonly known to the Agency as Sumner/Dowty L.F..

3.

That Respondent has operated said facility at all times pertinent

hereto.

4.

That on December

9, 1986, 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.

77-67

---

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 December

9, 1986, operated said landfill facility with

uncovered refuse remaining from a previous operating day,

in violation of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½, par.

1021 (p)(5).

B.

On December 9,

1986 operated said landfill

facility while

having failed

to submit reports required by permit and Board

regulation,

in violation of Ill.

Rev. Stat.,

1986 Supp.,

ch.

111½,

par.

1021(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 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

2

77-68

---

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

13, 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

civil

penalty, and hearing costs

of the Illinois Environmental Protection

3

77-69

---

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.

Richard J. Carlson, Director

.7/_1~

Illinois Environmental Protection Agency

Date:

January 29, 1987

4