ILLINOIS POLLUTION CONTROL BOARD
August
4,
1988
IN THE MATTER OF:
CITY OF ROCHELLE,
)
AC 88—59
(IEPA Docket No. 9056—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a June
15, 1988
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 the City of Rochelle on
June
15,
1988.
The Agency alleges
that the City of Rochelle has
violated Sections 21(p)(5) and 21(p)(l2)
of the Act.
The
statutory penalty established
for each
of these violations
is
$500.00 pursuant
to Section 42(b)(4)
of the Act.
The City of Rochelle 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.l(d)(2)
of
the Act.
Therefore, pursuant
to Section 3l.l(d)(1),
the Board finds that the City
of Rochelle
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
the City of
Rochelle 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.
91—211
—2—
I, Dorothy
£4.
Gurin,
Clerk
of
the Illinois Pollution Control
Board, hereby certify that the above Order was adopted
on the
i/1~
day of
,
1988,
by
a vote
of
70
2L~
Dorothy
M. Ønn,
Clerk
Illinois Pô~LlutionControl Board
91—212
~\j
JUN
151988
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
•
AT
uois
POLLUTIOI~CONTROL
BOARD
ADMINISTRATIVE
CITATION
IN
THE
MATTER
OF:
~
Se
i~c~
CITY OF ROCHELLE,
)
IEPA DOCKET NO. 9&9~5-AC
a municipal corporation of
)
the State of Illinois
)
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, City of Rochelle, is the present owner of
a facility located in the County of Ogle, State of Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1972-46, and designated with Site Code No.
1418030020.
Said facility
is comonly known to the Agency as Rochelle/Municipal
#2.
3.
That Respondent has operated said facility at all
times pertinent
hereto.
4.
That on April, 20, 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—213
VIOLATIONS
On the basis of direct observation of Jack Hoizer,
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 April
20,
1988, said landfill
had uncovered
from
a previous operating day,
in violation of
1986 Supp.,
Ch.
111½,
par. 102l(p)(5).
B.
On April
20, 1988,
said landfill
had failed
to collect and contain
litter from the site by the end of the previous operating day,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
Ch.
111½, par.
1O21(p)(12).
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 each violation specified above
in Paragraph A and B, for
a total
of one thousand ($1,000.00).
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 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.
refuse remaining
Ill.
Rev.
Stat.
91—214
If
you acknowledge the violations cited hereinabove,
the civil
penalty specified above
shall
be due
and payable no
later than July
19,
1988.
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.
91—215
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.
~
~
B7ernard P.
Killian, Acting Director
Illinois EnvironmentalProtection Agency
Date:
June 10, 1988
91—216