ILLINOIS POLLUTION CONTROL BOARD
August
4,
1988
IN THE MATTER OF:
CITY OF SALEM and MODERN
)
AC 88—67
BUSINESS DISPOSAL,
INC.,
)
(IEPA Docket No. 9074—AC)
Respondents.
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 the City
of Salem and
Modern Business Disposal on June
27, 1988.
The Agency alleges
that the City of Salem and Modern Business Disposal has violated
Sections 21(p)(5)
and 2l(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.
The City of Salem and Modern Business Disposal
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 3l.l(d)(2)
of the
Act.
Therefore, pursuant
to Section 3l.1(d)(l),
the Board
finds
that the City
of Salem and Modern Business Disposal 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
Salem and Modern Business Disposal 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—255
—2—
I, Dorothy
M.
Gunn, Clerk
of the
Illinois Pollution Control
Board.~,j~erebycertify
that
the above Order was adopted on the
~
day
of
,
1988,
by
a vote
of
7~’
Illino
P0
t
Control Board
91—256
~©~LJV~q~
IN
THE MATTER OF
1 LL IN01 S ENVIRONMENTAL PROTECTION ~
CITY OF SALEM
)
/‘7~
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/
7
a municipal
of the
)
/IL-
~
:)
(°
State of Illinois, and
)
IEPA DOCKET NO.
9074-AC
MODERN BUSINESS DISPOSAL,
INC.
)
an
Illinois corporation.
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 Respondents are the present owners and operators of
a facility located
in the County of Marion, State of Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
l977-22-OP, and designated with Site Code No.
1218130007.
Said facility
is comonly known to the Agency as Salem/Salem Community Landfill
No.
2.
3.
That Respondents have owned/operated said facility at
all
times pertinent hereto.
4.
That on May 11,
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—257
VIOLATIONS
On the basis of direct observation of Randy Ballard,
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 11,
1988 said landfill
facility operated with uncovered
refuse
remaining from a previous operating day,
in violation of Ill.
Rev.
Stat.
1987,
ch.
111½,
par. lO2l(p)(5).
B.
On May 11,
1988 said landfill
facility operated while having
failed to submit reports required by Pollution Control
Board Regulations,
in violation of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
lO2l(p)(ll).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Iii.
Rev.
Stat.
1986 Supp., ch.
111½, par.
1042(b)(4)), Respondents herein are subject to a civil
penalty
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraphs A and B,
for a total of One Thousand ($1,000.00) 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.
2
9
1—258
f 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.
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.
3
91—259
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.
1021.1).
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 mey 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.
~4Z&~~
~
Bernie Killian, Acting Director
/
Illinois
Environmental
Protection Agency
Date:
June 24, 1988
4
91—260