ILLINOIS POLLUTION CONTROL BOARD
January
5,
198g
IN
THE
MATTER
OF:
INDUSTRIAL SALVAGE,
INC.,
)
AC 88-94
(IEPA Docket
No.
9265—AC)
Respondent.
)
ORDER
OF
THE
BOARD:
This
matter
comes
before
the
Board
upon
a
November
17,
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
Administra’tive Citation
is
attached hereto.
Service
of
the
Administrative Citation was
made
upon
Industrial
Salvage
on
November
16,
1988.
The
Agency
alleges
that
Industrial
Salvage
has
violated
Sections 21(p)(5),
21(p)(6)
and
21(p)(11)
of the
Act.
The statutory penalty established
for each
of these
violations
is
$500.00 pursuant to Section
42(b)(4)
of
the
Act.
Industrial
Salvage
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 31.1(d)(2)
of the
Act.
Therefore,
pursuant
to
Section
31.1(d)(1),
the
Board
finds
that
Industrial
Salvage
has
violated
each
and every provision
alleged
in the Administrative
Citation.
Since there
are three
(3)
such
violations,
the
total
penalty
to
be imposed
is
set
at
$1,500.00.
It
is
hereby
ordered that,
unless
the
penalty
has
already
been
paid, within
30
days
of the
date
of this Order
Industrial
~lvage
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 $1,500.00 which
is
to
be
sent
to:
Illinois
Environmental
Protection
Agency
Fiscal
Services
Division
2200 Churchill
Road
Springfield,
IL
62705
IT
IS
SO ORDERED.
95—91
—2-
I,
Dorothy
M.
Gunn,
Clerk
of the
Illinois
Pollution Control
Board,
hereby cer
fy that
the above Order
was
adopted
on the
~tZ
day
of
~ 1989,
by
a
vo t e
of
~7
n,
Clerk
Illinois
P
lution
Control
Board
95—92
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
~
1~~::.
~çe
v.
)
IEPA DOCKET NO. 9265-AC
)
INDUSTRIAL SALVAGE,
INC.
)
a corporation,
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issuea 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 Marion,
State of Illinois.
2.
That said facility is operated as
a
sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1984-3-OP.
and designated with Site Code
No.
1214220003.
Said facility
is commonly known to the Agency as Centralia Environmental Services,
Inc.
3.
That Respondent has owned or operated said facility at
all
times pertinent hereto.
4.
That on September 22, 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.
95—93
VIOLATIONS
On th~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.
1987,
ch.
111½,
par.
1021(d),
in
a manner which resulted
in the following
conditions:
A.
That on September 22, 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.
lO2l(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.
lO2l(p)(6).
(iii)
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.
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(iii),
for
a total
of Fifteen Hundred Dollars
($1,500.00).
Additionally, should Respondent elect
to petition the
2
95—94
Illinois Pollution Control
Board under the review process described
hereinbelo”~,and if there
is
a finding of the violations 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 each finding
of
violation.
If you acknowledge the violations cited hereinabove,
the civil
penalty specified above
shall
be due and payable no later than December
24,
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
3
95—95
to collect said civil
penalty.
In addftion to the previously assessed
civil penal~ty,and hearing costs of the
Illinois Environmental
Protection
Agency and the
Illinois Pollution Control
Board,
if any; the Attorney
General~sOffice will seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE
CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
See
Public Act 84-1320 (Ill.
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.
&~-~-~-~i
f,L—~iii~-
Bernard
P.
Killian, Director
Illinois Environmental
Protection Agency
Prepared by:
William Seltzer
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield,
IL
62794-9276
(217)782- 5544
Date:
November 15,
1988
4
95—96