ILLINOIS POLLUTION CONTROL BOARD
January
19,
1989
IN THE MATTER
OF:
)
JOHN
BARR,
)
AC
88-115
(IEPA
Docket
No. 9309—AC)
Respondent.
)
ORDER
OF THE BOARD:
This matter
comes before
the Board
upon
a December
9,
1983
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 Barr on December
8,
1938.
The Agency
alleges
that
John Barr has
violated
Sections
21(p)(5)
and 21(p)(6)
of the Act.
The
statutory penalty
established
for
each of these violations
is
$500.00 pursuart
to
Section 42(b)(4)
of
the Act.
John
Barr 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
Barr has
violated
each an~
every provision alleged
in
the Administrative Citation.
S~nce
there
are twa
(2)
such
violations,
the
total
penalty
to
be
imposed
is
set
at
$1,800.00.
It
is hereby ordered that,
unless
the penalty
has
already
been
paid,
within
30
days
of
the
date
of
this
Order
John
BarT
shall,
by
certified
check
or
money
order
payable
to
t~e State
of
Illinois
and
designated
for
deposit
into
the
Environmental
Protection
Trust
Fund,
pay
a
penalty
in
the
amount
o~
S1~OO0.OO
which
is
to
be
sent
to:
Illinois
Environmental
Protection
Agency
Fiscal
Services
Division
2200
Churchill
Road
Springfield,
IL
62706
IT
IS
SO
ORDERED.
95—337
—2-
I,
Dorothy
M.
Gunn,
Clerk of the
Illinois Pollution Control
Board,
hereby certi~fythat the above
Order
was adopted
on the
/~2~7day
of
,
1989,
by
a vote
of
7_c
~
~Dorothy
M. Junn,
Clerk
Illinois
Pällution
Control
Board
95—383
1~L~:
~
flEC
—9
1988
ILLINOIS ENVIRONMENTAL PROTECTION
AC
STAfE
OF
ILLINOIS
ADMINISTRATIVE CITATION
—
POLLUTION
CONTROL
BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
,:?C
~‘8-~j’.~
V.
)
IEPA DOCKET NO.
9309-AC
JOHN BARR,
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 owner and/or operator of
a facility
located
in
the County of Washington, State of
Illinois.
2.
That said facility has been operated as
a
sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit
Na.
1972-76-OP.
and designated with Site Code
No.
1890300002.
Said facility
is cornonly known
to the Agency as
Nashville/Barr.
3.
That Respondent has owned or operated said facility at all
times
pertinent hereto.
4.
That on October 27,
1988,
Patrick McCarthy,
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—33n
VIOLATIONS
On the basis of direct observation of Patrick McCarthy, 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 27, 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.
1O21(p)(6).
CIVIL PENALTY
Pursuant to
Public Act 84—1320
(ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1042(b)(4)),
Respondent
herein
is
subject
to
a C1V~ipenalty of
Five Hundred Dollars ($500.00) for each violation specified above
in
Paragraphs A(i) and A(ii),
for a
total of One Thousand
Dollars ($1,000.00).
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 violations alleged herein, after an adjudicatory
hearing, Respondent shall
be assessed the associated hearing costs
2
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
17, 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 flhinois Attorney
General
shall
be requested to initiate proceedings
in Circuit Court
to collect said civil
penalty.
In addition
to the previously assessed
3
95—391
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.
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.
~
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
62794-9275
(217)782-5544
Date:
December 6, 1988
95—302