ILLINOIS POLLUTION CONTROL BOARD
October
6,
1988
IN THE MATTER OF:
CITY OF BELVIDERE,
)
AC 88-82
)
(IEPA Docket No. 9134—AC)
Respondent.
)
ORDER OF THE BOARD:
This matter comes before the Board upon an August
16,
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 Belvidere on
August 15,
1988.
The Agency alleges that the City of Belvidere
has violated Section 2l(p)(5) of the Act.
The statutory penalty
established
for this violation
is $500.00 pursuant
to Section
42(b)(4) of the Act.
The City of Belvidere 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 31.1(d)(l),
the Board finds
that the City of Belvidere
has violated the provision alleged
in the Administrative
Citation.
Since there
is one
(1) such violation,
the total
Penalty to be imposed
is set at $500.00.
It
is hereby ordered that,
unless the penalty has already
been paid, within
30 days of the date
of this Order
the City
of
Belvidere 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 $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.
93—65
—2—
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Boar~1,hereby certif
th,~tthe above Order was adopted on the
~
day of
,
1988, by
a vote of_7”
*
Dorothy M.4unn, Clerk
Illinois Póllution Control Board
93—6 6
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGF
~
AUG
I
6t9~
th~
ADMINISTRATIVE
CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
~
v.
)
IEPA DOCKET NO. 9134-AC
CITY OF BELVIDERE
a municipal corporation
of the State of Illinois
)
)
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 Boone, State of
Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1973-55-OP,
and designated with Site Code No.
0070050006.
Said facility
is commonly known
to the Agency as Belvidere Muni No.
2.
3.
That Respondent has owned or operated said facility at all
times pertinent hereto.
4.
That on June
21,
1988,
Thomas McNamee, 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.
93—67
VIOLATIONS
On
the basis of direct observation of Thomas McNamee, 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 21, 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:
(i)
Uncovered refuse remaining from
a previous operating
day,
in violation of Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
l021(p)(5).
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 the violation specified above
in
Paragraph A(i).
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 vio’ation alleged
herein,
after an adjudicatory hearing, Respondent
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
a finding of violation.
9~—68
If you acknowledge the violations cited hereinabove,
the civil
penalty specified above shall
be due and payable
no later than September
20,
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
93—69
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.
—
:
~
~
0
/
Bernard
P.
Killian, Acting Director
Illinois Environmental Protection Agency
Date:
August
12, 1988
4
93—70