ILLINOIS POLLUTION CONTROL BOARD
    August
    4,
    1988
    IN THE MATTER OF:
    LEE ROY McCRAY,
    d/b/a D
    & L
    )
    AC
    88—61
    DISPOSAL,
    )
    (IEPA Docket No.
    9061—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before
    the Board upon
    a June
    21,
    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 Lee Roy McCray on June
    17,
    1988.
    The Agency alleges
    that Lee Roy McCray has violated
    Sections 2I(p)(5), 2l(p)(l2), 21(p)(2)
    and 21(p)(3)
    of the Act.
    The statutory penalty established
    for each
    of these violations
    is
    $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Lee Roy McCray 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.l(d)(l),
    the Board
    finds that Lee Roy McCray has
    violated each and every provision alleged
    in the Administrative
    Citation.
    Since
    there
    are four
    (4) such violations,
    the total
    penalty
    to be
    imposed
    is set at $2,000.00.
    It
    is hereby ordered
    that, unless
    the penalty has already
    been paid, within
    30 days of
    the date
    of
    this Order
    Lee Roy
    McCray shall, by certified check or money order payable t~the
    State of
    Illinois and designated
    for deposit
    into the
    Environmental Protection Trust
    Fund, pay a penalty
    in the amount
    of $2,000.00 which
    is
    to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT
    IS SO ORDERED.
    91—223

    —2—
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    that
    the above Order was adopted on the
    ~/tZ~~day of
    ,
    1988,
    by
    a vote of
    7—c’
    ~~f
    ~.
    Dorothy M. ~inn,
    Clerk
    Illinois Pollution Control Board
    91—224

    ILLINOIS
    ENVIRONMENTAL PROTECTION
    t~J4~\’
    JUN2
    11988
    ADMINISTRATIVE
    CITATION
    ____________
    JL~
    STATE
    O~
    ftL~1~
    PO1LUTiO~i_COT~:’.
    ______
    IN THE
    MATTER
    OF:
    )
    Lee Roy McCray
    )
    ~4~:$f—~f
    d/b/a
    0 &
    L Disposal
    )
    IEPA DOCKET NO. 9061-AC
    Respondent.
    )
    JURISDICTION
    This Administrative Citation is issued pursuant to the authority
    vested
    in the Illinois Environmental Protection Agency by Public Act
    84—1320
    (Iii.
    Rev.
    Stat.
    1986,
    Supp.,
    ch.
    111½, par.
    1031.1).
    FACTS
    1.
    That Respondent,
    Lee Roy McCray,
    is the present operator
    of a facility located in’the County of Bond
    State of Illinois.
    2.
    That said facility is operated as a sanitary landfill, operating
    under Illinois
    Environmental Protection Agency Operating Permit
    No.
    1974-34-OP,
    and designated with Site Code No. 005 005 0001.
    Said facility
    is comonly known to the Agency as Greenvllle/McCray.
    3.
    That Respondent has operated said facility at
    all
    times
    pertinent
    hereto.
    4.
    That on April
    29,
    1988, Randy Ballard, 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—225

    VIOLATIONS
    On
    the basis of direct observation of Randy Ballard1 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.
    That on April
    29,
    1988 an on-site inspection of said sanitary landfill
    facility disclosed the following:
    (i) Uncovered refuse remaining from a
    previous operating day,
    in
    violation of
    Ill. Rev. Stat.
    1987 ch.
    111½,
    par.
    102l(p)(5).
    (ii)
    Failure to collect and contain litter from the site by the
    end of each operating day, in violation of Ill.
    Rev.
    Stat.
    1987
    cli.
    111½,
    par. 1021(p)(12).
    (Hi) Conducting a sanitary landfill operation
    in
    a manner which
    results in leachate flow entering Waters of the
    State,
    in violation
    of Ill. Rev.
    Stat.
    1987
    cli.
    111½,
    par. l021(p)(2),
    (iv) Conducting a sanitary landfill operation in
    a manner which
    results
    in leachate flows exiting the landfill confines,
    in
    violation of Ill.
    Rev.
    Stat.
    1988 ch.
    111½, par.
    1021(p)(3).
    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 each violation specified
    above,
    in Paragraphs A(i) through A(iv), for
    a total of Two Thousand
    ($2,000.00)
    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,
    91—226

    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.
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable no later than
    July 29,
    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,
    Illftiois 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—227

    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.
    ALL~
    Bernard P.
    Killian,
    ting Director
    Illinois Environmental
    Protection A
    ncy
    Date:
    June
    16,
    1988
    WS: kh
    91—228

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