ILLINOIS POLLUTION
CONTROL BOARD
January
5,
1989
IN THE MATTER
OF:
DAN
HEUSINKVED
as
Clerk,
)
AC
88-107
Whiteside County,
a county
of
)
(IEPA Docket
No.
9286-AC)
the
State
of
Illinois
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.
Servioe
of
the
Administrative Citation was made upon
Dan Heusinkved
on
November
21,
1988.
The Agency alleges
that Dan
Heusinkved
has violated
Sections
21(p)(5),
21(p)(6)
and 21(p)(12)
of
the
Act.
The
statutory penalty established
for each
of these violations
is
$500.00 pursuant
to Section 42(b)(4)
of the
Act.
Dan
Heusinkved
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 Dan
Heusinkved
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
Dan
Heusinkved
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—157
-2-
I,
Dorothy
M.
Gunn,
Clerk of
the
Illinois Pollution Control
__________day
of________________________
____________
_________
_____________________
1989,
by
a vote of
7—C
hereby c~t~he
above Order
was
adopted
on the
n,
Clerk
Illinois
Pa lution
Control
Board
95—158
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
~L.JLUJ~
S1,*Tt
Lr
ft
ADMINISTRATIVE CITATION
~
M~.LBOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
v.
)
EPA ~OCKETNO. 9286-AC
DAN HEUSINKVED as
clerk,
)
Whiteside County,
a county
)
of the State
of Illinois
)
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 Whiteside, State of
Illinois.
2.
That said facility
is operated as
a
sanitary landfill, operating
under
Illinois Environmental
Protection Agency Operating Permit
No.
l983-4—OP, and designated with Site Code No.
1958140003.
Said facility
is comonly known
to
the Agency
as Whiteside County L.F.
No.
2.
3.
That Respondent has owned or operated said facility at all
times pertinent hereto.
4.
That on September 28,
1988, Jack Hoizer, 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—159
VIOLATIONS
On
the basis of direct observation of Jack Holier,
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 28,
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 III.
Rev.
Stat.
19S7-, ch.
111½,
par.
lO2l(p)(6).
(iii)
Failure
to collect and contain litter from the site
by the end of each operating day,
in violation of ill.
Rev.
Stat.
1987,
ch.
111½,
par. lO2l(p)(l2).
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),
far
a total
of Fifteen Hundred Dollars
($1,500.00).
Additionally, should Respondent elect to petition the
2
Q5—1~Y)
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 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 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
3
95—161
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~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. lll~,par.
l031.l).
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.
Sucri 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,
:llinois
60601;
and,
a copy of said Petition for Review filed with the
llinois
Environmental
Protection Agency at 2200 Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois
62794—9276, Attention:
Enforcement Services.
TA-4-~-~)
P
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
~)
5~-
162