ILLINOIS POLLUTION CONTROL BOARD
January
5,
1989
IN THE MATTER
OF:
)
EDWARD
J.
DEIBEL,
)
AC 88-108
)
(JEPA Docket
No.
9287-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
Edward
Deibel
on November
21,
1988.
The Agency alleges
that
Edward
Deibel
has
violated
Sections
21(p)(5),
21(p)(12)
and
21(p)(9) of the Act.
The
statutory penalty established
for
each of these
violations
is
$500.00 pursuant
to Section
42(b)(4) of the Act.
Edward
Deibel
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 Edward
Deibel
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
Edward
Deibel
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—163
—2-
I,
Dorothy
M.
Gunn,
Clerk
of the
Illinois Pollution Control
Board,
hereby
ce
_________
_____________________
1989,
by
a
vote
of
7~-C
,j~tZ day
of
~
above Order
was adopted
on the
Clerk
Illinois Pol~ion Control
Board
95—164
-~
ii
I
NOV
231988
ATE OF
U.UNOIS
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY1
PoU.UT~ONCONTROl.8OA~
ADMINISTRATIVE
CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
/C
S1’/o(
v.
)
IEPA DOCKET
NO.
9287-AC
EDWARD
J.
DEIBEL,
Respondent.
)
JURI~DICT0N
This Admin~strative
Citat~on~s issjea ~ursuantto author~tyvested
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 Effingham, State of Illinois.
2.
That said facility
is
operated as
a sanitary landfill, operatinc
under IliinO~5Environmental
protection Aaency D~eratingPermit ~o.
1979—4-OP.
and designated with Site Code
‘~o. 0498100007.
Saic facility
is cornonly known
to the Agency
as Deibel
No.
2.
3.
That Respondent has owned or ooerated said facility at
all
times pertinent hereto.
4.
That on September 27,
1988,
Steven Townsend,
of
the
llinois
Environmental Protection Agency, inspected
the above-described
landfill
facility.
A coDy of the inspection report settina
forth the results
of such inspection
is attached hereto and made
a part hereof.
95—165
VIOLATIONS
On the basis of direct observation
of
Steven Townsend, 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
condi tions:
A.
That on
September 27, 1988 an on-site inspection
of said
sanitary lancfill
facility and
a
review of
:llinois Environmental
Protection
~gencyfiles and records
of
said facility, cisciosec the
following:
(i)
Uncovered refuse remaining from
a previous operating
day,
in violation of Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
iO2l(p)(5).
(ii)
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.
1O21(p)(12).
~iii) Deposition
of
refuse
in
any unpermitted portion
of the
landfill,
in
violation oi
Ill.
Rev.
Stat.
1987,
ch.
111½, par.
lO2l(p)(9).
CIVIL
PENALTY
Pursuant
to Public Act 84-1320 (Ill.
Rev.
Stat.
1987, c~. ill½,
par.
1042(b)(4)), Respondent
herein
is
subject to
a civil
penalty
of
Five Hundred Dollars
($500.00) for each violation soecified
above
th
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—166
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
Boarc
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, 5~ringfieid, Illinois 62794-9276.
Also,
please complete and
return the enclosed Remittance
Form, along
with your payment,
to assure proper documentation of oayment.
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.
Furthermcre,
if payment
is not received when due,
the Offices
of the
Illinois Attorney
3
95—167
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~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
(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,
ChicaQo,
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.
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
9516’3
4