ILLINOIS POLLUTION CONTROL BOARD
September
22,
1988
IN THE MATTER OF:
CITY OF GALVA,
)
AC 88-79
)
(IEPA Docket No. 9106—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon
a July 29,
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 Galva on July
28,
1988.
The Agency alleges
that the City of Galva has violated
Sections 2l(p)(5)
and 2l(p)(lO)
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 Galva 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)(1),
the Board
finds that the City of Galva
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
Galva shall,
by certified check or money
order. pay~ble 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.
92—533
—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—Q
Dorothy M. G~9~n,Clerk
Illinois Pollution Control Board
92—534
ILLINOIS ENVIRONMENTAL PROTECTION
AGEN(
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
~
I~.f(:
7~
V.
)
IEPA DOCKET NO. 9106-AC
CITY OF GALVA
)
a municipal corporation,
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in the
Illinois Environmental
Protection Agency
by Public Act 84-1320
(Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1031.1).
FACTS
1.
That Respondent
is the present operator of
a facility located
in the County of Henry,
State of Illinois.
2.
That said facility is operated
as
a
sanitary landfill, operating
under Illinois Environmental
Protection Agency Operating Permit No.
1971-56-OP,
and designated with Site Code No.
0730450001
Said facility
is commonly known
to the Agency
as Galva/Municipal.
3.
That Respondent has owned or operated said facility at
all
times pertinent hereto.
4.
That on June 10,
1988, James Jones, 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.
92—535
VIOLATIONS
On the basis of direct observation of James
Jones, 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.
1987,
ch.
111½, par.
1021(d),
in
a manner which
resulted
in the following
conditions:
A.
That on June 10,
1988 an on-site inspection of said sanitary
landfill facility and
a
review of Illinois Environmental Protection
Agency files and records of said facility, disclosed
the following:
(1)
Uncovered refuse remaining from
a previous operating
day,
in violation of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
l021(p)(5).
(ii)
Acceptance of special waste without
a required manifest,
in violation of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1021 (p)(lO).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (Ill.
Rev.
Stat.
1987,
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) and A(ii),
for
a
total of One Thousand ($1,000.00)
Dollars.
Additionally, should Respondent 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, Respondent
shall
be assessed the associated hearing
2
~2—536
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 September
5,
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
3
92—537