ILLINOIS POLLUTION CONTROL BOARD
September
8,
1988
IN THE MATTER OF:
HAYDEN WRECKING CORPORATION,
)
AC 88-74
)
(IEPA Docket No.
9093—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a July 15,
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 Hayden Wrecking Corporation
on July 7,
1988.
The Agency alleges that Hayden Wrecking
Corporation has violated Sections 21(p)(5),
21(p)(6),
2l(p)(7),
2l(p)(9),
21(p)(ll),
2l(p)(5), 2l(p)(6), 2l(p)(8), 21(p)(7),
2l(p)(9) 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.
Hayden Wrecking Corporation 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 31.l(d)(l),
the Board finds
that Hayden
Wrecking Corporation has violated each and every provision
alleged
in the Administrative Citation.
Since there are eleven
(11) such violations,
the total
penalty to be imposed
is set
at
$5,500.00.
It
is hereby ordered that,
unless the penalty has already
been ~aid, within
30 days of
the date
of this Order Hayden
Wrecking Corporation 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 $5,500.00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
92—201
—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~
Ill
S
llution Control Board
92—202
ILLINOIS ENVIRONMENTAL PROTE(:TION ~
ADMINISTRATIVE CITATION
ILLINOIS ENVIR0NMENT~L
PROTECTION hGENCV
~
4e ~
v.
)
IEPA DOCKET NO.
9093-AC
HAYDEN WRECKING CORP.
~ foreign corporation,
licensed to do business
in
Illinois.
)
Respondent.
)
4JURISDICTION
This Administrative Citatior,
is issued pursuant to authority vested
in the Illinois Envircr~mentalProtection Agency
by Public Act 84-1320
(Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1031.1).
FACTS
1.
That Respondent
is the preset:t operator of
a
facility located
in the County of St.
Clair, State of Illinois.
2.
That said facility
is operated as
a
sanitary landfill, ope:~ating
under
Illinois Environmental Protection Agency Operating Permit N~.
1972-7-OP,
and designated
with Site Code No.
1630450005.
Said facility
is commonly known
to the Agency as
East
St.
Louis/Hayden.
3.
That Respondent has owned or operated said facility at
all
times pertinent hereto.
4.
That on May 23,
1988 and May 26,
1988,
Randy Ballard, of
the Illinois Environmental
Protection Agency, inspected
the above—
described landfill facility.
A copy of the inspection reports setting
forth the results
of such inspections is attached hereto and made
a
part hereof.
92—203
VIOLATIONS
On the basis of direct observation of Randy Ballard, the Illinois
Environmental
Protection Agency has de~.erminedthat Respondent was
conducting
a sanitary landfill operation at
the
above-described facility,
which
is required to have a permt
pursuant
to
Ill.
Rev.
Stat.
1987,
ch.
111½,
par. 1021(d),
in
a
r;anner which resulted
in the following
condi ?ions:
A.
That on May 23, 1988 an er—site inspection of said sanitary
landfill facility and
a review of Illino~sEnvironmental Protection
Agency files and records of
said ‘acility, disclosed
the following:
(i)
Uncovered refuse remc~iningfrom a previous operating
day,
in violation of
Ill.
Rev.
Stat.
1987,
Ch.
111½,
par.
1O21(p)(5).
(ii) Failure
to provide final
cover within time limits established
by Pollution Control
Board regulations,
in violation
of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1O21(p)(6).
(iii)
Acceptance of wastes without necessary permits,
in
violation of Ill. R?:.
Stat.
1987,
ch.
111½, par.
1021 (p)(7).
(iv)
Deposition of refuse
in any unpermitted portion of
the landfill,
in violation of
Ill.
Rev.
Svat.
1987,
ch.
111½, par.
lO2l(p)(9).
(v)
Failure to
submit reports required by permits or
Pollution
Control Board Regulations, in violation
of
Ill.
Rev. Stat.,
1987,
ch.
111½, par.
lO2l(p)(ll).
2
92—204
B.
That on May 26,
1988 an on—site inspection
of
said sanitary
landfill facility ~rda
review of Illinois Environmental Protection
Agency files
and records or
said facility, disclosed the following:
(i)
Uncovered refuse remaining from
a previous operating
day,
in violation of
Ill.
Rev.
Stat.
l9E:7,
ch.
111½,
par.
1O21(p)(S).
(ii) Failure to provide final
cover within time limits established
by Pollution Control
Boz~rd regu1ation~, in violation
of Ill.
Rev.
Stat.
1987,
ch.
111½, par.
lO2l(p)(6).
(iii)
Causing
or allowing scavenging operations,
in
vio~a-
tion of
Ill.
Rev. Stat.
1987,
ch.
111½, par.
lO2l(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 any unperriitted portion of
the landfill,
in violation of Ill.
Rev.
Stat.
1987,
ch.
111½,
par. lO2l(p)(9).
(vi)
Failure
to submit reports required by permits or
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
(Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1042(b)(4)),
Respondent herein
is subject to
a civil
penalty ~f
Five Hundred Dollars ($500.00) for each violation specified above
in
Paraçraphs A(i) through A(v)
and
B(i) through B(vi),
for
a
total
of
3
92—205
Fifty
Five Hundred ($5,500.00) Dollars.
Additiorally, should
REspondent
elect
to petition the
Illinois Pollution Control
Eoard
under the review
process described hereinbelow,
and
if there
is
a
finding of
the violations
alleged
herein, after an adjudicatory heL:ring, Respondent shall
be
assessed
the associated hearing costs incurred
by the Illinois Environmental
Protection Agency and
the
Illinüis Pollution Control
Board,
in addition
to the Five Hundred Dcllar ($500.OC) statutory penalty for each finding
of violation.
If you ackr:cwledge the violations cited
hereinabove, the civil
penalty specified abo”e
shall
be due and payable no later than August
19,
1988.
If yot~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 statuto:’y civil
penalty and any costs assessed against you.
When payment
is
made, your check should
be made payable
to the
Illinois Environmental
r-rotection 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 hea’ing,
is not paid when due; the Illinois
Environmental
Protect.ion Agency sha1l
take into consideration such
failure
to pay during any perm~treview process upon your application
4
92—206
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
(111.
Rev.
Stat.
1987,
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.
P
~ernardP.
Killian, Acting Director
Illinois Environmental Protection Agency
Date: July 12,
1988
92—207
5