ILLINOIS POLLUTION CONTROL BOARD
    August
    4, 1988
    IN
    TIlE MATTER OF:
    CITY OF HERRIN,
    )
    AC 88—65
    (IEPA Docket No. 9072—AC)
    Respondent.
    ORDER OF TUE BOARD:
    This matter comes before the Board
    upon
    a June
    27, 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 Herrin on June
    27,
    1988.
    The Agency alleges
    that the City of Herrin has
    violated Sections 21(p)(5),
    2l(p)(l2), 2l(p)(l)
    and 21(p)(9)
    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 Herrin 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)(l),
    the Board
    finds that the City of Herrin 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
    the City
    of
    Herrin 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
    $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—241
    I, Dorothy
    M.
    Gunn,
    Clerk
    Board, hereby certif
    that
    the
    _________
    of_____________________
    of the Illinois Pollution Control
    above Order was adopted on
    the
    ,
    1988,
    by
    a vote
    of
    7-~
    ‘77.
    Dorothy M.,,~unn,Clerk
    Illinois P~llutionControl Board
    —2—
    91— 242
    ILLINOIS ENVIRONMENTAL PROTECTION
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    )
    CITY OF HERRIN,
    )
    a municipal corporation
    )
    IEPA DOCKET NO.
    9072-AC
    in 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
    (111.
    Rev.
    Stat.
    1986, Supp.,
    ch.
    111½,
    par.
    1031.1).
    FACTS
    1.
    That Respondent is the present operator of
    a facility located
    in the County of Williamson, State of Illinois.
    2.
    That said facility is operated as
    a sanitary landfill, operating
    under
    Illinois Environmental
    Protection Agency Operating Permit No.
    1975-62-OP. and designated with Site Code No.
    1998580001.
    Said facility
    is commonly known
    to the Agency
    as
    Herrin/Municipal.
    3.
    That Respondent has operated said facility at all
    times pertinent
    hereto.
    4.
    That on May 3,
    1988, 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.
    91—243
    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 May 3,
    1988 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. lO2l(p)(5).
    (ii)
    Failure
    to collect and contain litter from the
    site
    by the end of a previous oeprating day, in violation
    of
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par. lO2l(p)(l2).
    (iii)
    Refuse
    in standing or flowing water,
    in violation of
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par. l021(p)(l).
    (iv)
    Deposition of refuse
    in
    an unpermitted portion of said
    landfill,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par. lO2l(p)(9).
    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(i) through A(iv),
    for a total
    of Two Thousand
    ($2,000.00)
    2
    91—244
    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
    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 August
    2,
    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
    3
    91—245
    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
    Generalts Office will
    seek to recover their costs of litigation.
    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.
    ~
    ~
    ~
    Bernie
    Killian, Acting Director
    Illinois Environmental
    Protection Agency
    Date:
    June 24, 1988
    4
    91—246

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