ILLINOIS POLLUTION CONTROL BOARD
August
4,
1988
IN THE MATTER OF:
)
CITY OF DIXON
and ROCHELLE
)
AC 88—48
DISPOSAL SERVICE,
INC.,
)
(IEPA Docket No. 8987—AC)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon a June
10,
1988
filing of an amended 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 amended Administrative Citation is attached hereto.
The
Agency alleges
that the City of Dixon and Rochelle Disposal
Service has violated Sections 2l(p)(5) and 2l(p)(12)
of the
Act.
The statutory penalty established for these violations
is
$500.00 pursuant to Section 42(b)(4)
of the Act.
Therefore,
pursuant
to Section
31.1(d)(l),
the Board finds
that the City of Dixon and Rochelle Disposal Service has violated
the provisions alleged
in the amended 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 the City of
Dixon and Rochelle Disposal Service 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, Illinois
62706
IT
IS SO ORDERED.
I,
Dorothy M. Gunn, Clerk of
the Illinois Pollution Control
Boa~,~herebycerti y
that the above Order was adopted on the
~‘-~-~---
day of
,
1988,
by
a vote of
7—’
-
Dorothy N1~/Gunn,Clerk
Illinois Pollution Control Board
91—185
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LM
~\1
a’°~
AMENDED
ADMINSITRATIVE
CITATION
~~UUflON
CONTR0l~.B0AR~
IN
THE
MATTER
OF:
)
)
)
PCB Docket No. AC
88-48
City of Dixon
)
a municipal corporation in the
)
IEPA Docket No. 8987-AC
State of Illinois, and
)
ROCHELLE DISPOSAL SERVICES,
INC.
)
an Illinois corporation
Respondents
)
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.
986,
ch.
111½,
par.
1031.1).
FACTS
1.
That
Respondents
are
the
present owners
and/or
operators
of
a facility located in the County of Lee, State of Illinois.
2.
That said facility is operated as a sanitary landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1980-32-OP, and designated with Site
Code No.
1038010002.
Said facility
is
corrii~onlyknown to the Agency as Dixon/GROP No.
2.
3.
That
Respondents
owned
and/or
operated
said
facility
at
all
times pertinent hereto.
4.
That
on
April
12,
1988,
Jack
Hoizer,
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.
91—186
VIOLATIONS
On
the
basis
of
direct
observation
of Jack
Holzer,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondents
were
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.
That on April
12,
1988,
said landfill had uncovered refuse
remaining from
a previous operating day,
In violation of
Ill.
Rev. Stat.
1986 Supp.,
ch.
111½, par.
1021(p)(5).
B.
That
on
April
12,
1988,
said
landfill
had
failed to collect and
contain
litter
on
the
site
by
the
end
of
a
previous
operating
day,
in
violation
of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
l021(p)( 12).
CIVIL PENALTY
Pursuant
to
Public
Act
84—1320
(Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
1042(b)(4)), Respondents herein are 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
Respondents
or
each
and
any
thereof
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,
such Respondent(s)
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.
2
91—187
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty specified above
shall
be due and payable no later than fourteen
(14)
days
after
the
Board
Order
allowing
this
Amended
Administrative
Citation.
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
judgement
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 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
91—188
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.
rnard P.
Killlan, Acting Director
Illinois Environmental
Protection Agency
Date:
June 8,
1988
9
1—189
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
IN THE MATTER OF:
)
City of Dixon and,
IEPA DOCKET NO.
8987-AC
Rochelle Disposal Services,
Inc.
)
Respondents.
)
FACILITY:
Dixon/GROP
NO. 2
SITE CODE
NO:
103 801 0002
COUNTY:
Lee
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
April
12,
1988
DATE REMITTED:_________________________
SIGNATURE:_____________________________
NOTE
Please enter the date of your remittance and
sign this Remittance
Form.
Be
sure
your
check
is
enclosed
and
mail,
along
with
Remittance
Form,
to Illinois Environmental Protection Agency, Attention:
Fiscal Services,
2200 Churchill Road,
P.O.
Box 19276, Springfield,
Illinois
62794-9276.
BS: kh/10
91—190