ILLINOIS POLLUTION CONTROL BOARD
August
4,
1988
IN THE MATTER OF:
)
NOBEL RISLEY,
)
AC 88—66
(IEPA Docket No. 9073—AC)
Respondent.
ORDER OF THE 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 Nobel Risley on June
27,
1988.
The Agency alleges
that Nobel Risley has violated Sections
2l(p)(5),
2l(p)(l2),
2l(p)(8),
21(p)(7),
21(p)(9)
and 21(p)(ll)
of
the Act.
The statutory penalty established
for each
of these
violations
is $500.00 pursuant
to Section 42(b)(4)
of the Act.
Nobel Risley 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.1(d)(l),
the Board finds
that Nobel Risley has
violated each and every
provision alleged
in the Administrative
Citation.
Since
there are six
(6) such violations,
the total
penalty
to be imposed
is set at $3,000.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within
30 days
of the date
of
this Order Nobel Risley
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 $3,000.00
which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
91—247
—2--
I, Dorothy
M. Gunn,
Clerk of
the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~/‘~
day of
,
1988,
by a vote
of
7—~
~7.__
Dorothy M./~unn, Clerk
Illinois ~állution
Control Board
91—248
~7E~
ILLINOIS
ENVIRONMENTAL PROTECTION AGEN~.k
JUN
2
T
1988
ADMINISTRATIVE CITATION
.
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IN THE MATTER OF:
~
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Nobel
Risley
)
IEPA DOCKET NO.
9073—AC
)
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
is the
present operator of a facility located
in the County of Franklin, State of
Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit
No.
1980-21-OP. and designated with Site Code No. 055 802 0005.
Said facility
is comonly known
to the Agency as Risley No.
2.
3.
That Respondent has operated said facility at
all
times pertinent
hereto.
4.
That on May 3,
1988, Gerald Steele,
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.
9
1—249
VIOLATIONS
On
the basis
of direct observation of Gerald Steele,
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.
1021
(p)
(5).
(ii)
Failure
to collect and contain litter from the
site by
the end of a previous operating day, in
violation of
Ill.
Rev.
Stat.
1987,
ch.
111½, par.
1021
(p)
(12).
(iii)
Causing or allowing scavenging operations,
in violation
of Ill.
Rev.
Stat.
1987,
ch.
111½, par.
1021
(p) (8).
(iv)
Acceptance of wastes without necessary permits,
in violation
of Ill.
Rev. Stat.
1987,
ch.
111½, par.
1021
(p)
(7).
(v)
Deposition of refuse in
an unpermitted portion of the
landfill,
in violation of Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1021
(p)
(9).
(vi)
Failure to submit reports
to
the Illinois Environmental
Protection Agency as
required by permits or Pollution
Control Board
Regulations,
in violation of Ill.
Rev.
Stat.
1987,
ch.
111½,
par. 1021
(p)
(11).
2
91—250
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 Paragraphs A(i) through A(vi), for
a
total
of Three Thousand ($3,000.00)
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,
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
3,
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.
3
91—251
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.
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
4
91—252
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 Directo/~...~./
Illinois Environmental
Proteqtion Agency
Date:
June 23,
1988
5
91—253