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

    ~J~y/~
    ~-
    hLJ~~~
    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~

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