ILLINOIS
POLLUTION CONTROL
BOARD
January
5,
1989
IN THE MATTER
OF:
)
VILLAGE
OF ELIZABETH,
)
AC 88-106
(IEPA Docket
No.
9285—AC)
Respondent.
)
ORDER
OF
THE
BOARD:
This matter
comes before
the Board
upon
a
November
23,
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 Village
of
Elizabeth
on
November
30,
1988.
The
Agency
alleges
that
the Village
of
ElizabethhasviolatedSections2l(p)(5),
21(p)(6)
and2l(p)(7)
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
Village
of
Elizabeth
has
not
filed
a
Petition for Review
with the Clerk
of
the
Board within
35 days of
the date of service
à~
allowed
by
Section
31.1(d)(2)
of the Act.
Therefore,
pursuant
to
Section 31.1(d)(1),
the
Board
finds that the Village
of
Elizabeth
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
the Village
of
Elizabeth
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 62706
IT
IS
SO ORDERED.
95—151
—2—
I,
Dorothy
M.
Gunn,
Clerk
of the
Illinois Pollution
Control
Board,
hereby cert
y
that
the above Order
was adopted
on the
4~Z
day
of
~
,
1989,
by
a vote of
7_0
Illinois
Poll
tion Control
Board
95—152
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I!
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
d~H
NOV
23 ~988;~
ADMINISTRATIVE CITATION
PO~i~.y~j
cT~~
ILLINOIS ENVIRONMENTAL
PROTECTiON AGENCY
~
V.
)
IEPA DOCKET NO. 9285-AC
VIL~GEOF ELIZABETH,
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 ResDondent
is the present operator of
a facility located
in the County of
Jo Daviess, State
of Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit
No.
1973—61—UP, and designated with Site Code No.
0850150006.
Said facility
is commonly known
to the Agency
as Elizabeth Municipal
No.
2.
3.
That Respondent has ownea or ooerated said facility at
all
times pertinent hereto.
4.
That on October
14,
1988,
Jack Holzer,
of the
Illinois Environmental
Protection Agency, inspected the above—described
landfill
facility.
A copy of the inspection report setting forth the results of sucr
inspection
is attached hereto and made
a part hereof.
95—153
VIOLATIONS
On the basis of direct observation of Jack Holzer, 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,
cr~. 111½,
par.
1021(d), in
a manner which resulted
in the following
conditions:
A.
That on October 14,
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)
Acceptance of wastes without necessary permits,
in violation
of
Ill.
Rev.
Stat.
1987,
ch. lll~,par.
lO2l(p)(7).
CIVIL PENALTY
Pursuant to Public Act 84-1320
(111.
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
Illinois Pollution Control
Board under the review process described
2
95—154
hereinbelow,
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 (S500.OO) 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 January
5,
1989.
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
95—155
civil
penalty,
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.
~
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.
f’~2~4~wô-~-J
~
k~
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 18,
1988
4
95—15~