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