ILLINOIS POLLUTION CONTROL BOARD
January
5,
1989
IN THE MATTER
OF:
)
JOHN JENNINGS,
individually,
)
AC
88-109
and d/b/a Jennings
Brothers
)
(IEPA
Docket
No.
9289—AC)
Sanitation,
Respondent.
ORDER
OF
THE BOARD:
This matter comes before
the
Board upon
a November
28,
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 John Jennings
on
November
23,
1988.
The Agency alleges that John Jennings
has
violated
Section
21(p)(5)
of the Act.
The statutory penalty established
for this
violation
is
$500.00 pursuant
to
Section
42(b)(4)
of the
Act.
John
Jennings
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 John Jennings has
violated the provision alleged
in
the Administrative Citation.
Since there
is
one
(I)
such
violation,
the
total
penalty to
be
imposed
is
set
at
$500.00.
It
is
hereby ordered that,
unless
the penalty
has
already
been paid,
within
30 days of
the date
of this Order
John Jennings
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 $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—169
VIOLATIONS
On
the basis of direct observation of Ricky Lanham,
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 October
12,
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).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Iii.
Rev.
Stat.
1987,
ch.
111½,
par.
1042(b)(4)),
Respondent herein
is subject to
a
civil
penalty of
Five Hundred Dollars
($500.00)
for the violation specified above
in
Paragraph A(i).
Additionally, should Respondent elect
to petition
the Illinois Pollution Control
Board under the review process described
hereinbelow,
and if there
is
a finding of the violation 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 a finding of violation.
2
95—171)
If you acknowledge
the violation
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.
n 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’s Office will seek to recover their costs of litigation.
3
95—17
1
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.
~
~
Bernard
P.
Killian, Director
Illinois Environmental Protection Agency
Prepared
by:
~Iilliam
Seltzer
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O.
Box 19276
Springfield,
IL
62794—9276
(217)782—5544
Date:
November
22,
1988
95—172
H~1~
Li~~
~jj(
NOV
281988
ILLINOIS ENVIRONMENTAL PROTECTION AGEN
~j\~
STATE Of
ILLiNOIS
ADMINISTRATIVE CITATION
~UUTION
CONTROl.
BOARO
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
,t
fj#~/~
~
v.
)
IEPA DOCKET NO.
9289-AC
JOHN JENNINGS, individually,
and d/b/a Jennings Brothers
Sanitation,
)
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 Respondent
is the present operator of
a
facility located
in
the County of Brown, State of Illinois.
2.
That said facility is operated
as
a
sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1971-16-OP. and designated with Site Code No.
0098030001.
Said facility
is comonly known
to the Agency as Timewell/Jennings.
3.
That Respondent has owned
or operated
said facility at
all
times pertinent hereto.
4.
That on October
12,
1988, Ricky Lanham,
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—173
—2-
I, Dorothy
M.
Gunn,
Clerk
of the
Illinois
Pollution
Control
Board,
hereby cert
Order was
adopted
on the
____________
________________________
1989,
by
a
vote of
7~~)
______________d a
~
a b o ve
h~?n
~
_
Dorot
Clerk
Illinois
Pol
ution Control
Board
95—174