ILLINOIS POLLUTION CONTROL BOARD
February
23, 1989
IN THE MATTER OF:
)
JOHN BLICKHAN,
)
AC 89—8
(IEPA Docket No. 9359—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board
upon
a January
9,
1989
filing of an Administrative Citation pursuant
to Section 31.1 of
the Illinois Environmental Protection Act (1~ct) 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 Blickhan on January
6,
1989.
The Agency alleges
that John Blickhan 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
Blickhan 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.l(d)(2)
of the Act.
Therefore, pursuant
to
Section 3l.l(d)(l),
the Board
finds that John Blickhan has
violated the provision alleged
in the Administrative Citation.
Since there
is one
(1)
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 Blickhan
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.
6— 379
—2—
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
above Order
was
adopted
on
the
e eby cert
__________
of
,
1989,
by a vote of
7~0
Dorothy
M.
,~‘unn,Clerk
Illinois
Pá~tlution
Control
Board
96—380
ILLINOIS ENVIRONMENTAL PROTECTION
Al
:~t
JN~i-9989~l~
ADMINISTRATIVE CITATION
~
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
~
A~
~
v.
)
I~’A
DOCKET NO. 9359-AC
JOHN BLICKHAN,
)
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 Adams,
State of
Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit No.
l974—7O—OP,
and designated with Site Code No.
0010650002.
Said facility
is comonly known
to the Agency as Quincy/Blickhan.
3.
That Respondent has owned or operated said facility at
all
times pertinent hereto.
4.
That on November 16,
1988,
Clifford Wheeler, 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.
96—331
VIOLATIONS
On
the basis of direct observation of Clifford Wheeler,
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 November 16,
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:
Ci)
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 (Ill.
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 theviolation 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
96—382
If you acknowledge the violation cited hereinabove, the civil
penalty specified above shall
be due
and payable no later than February
21,
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 ad~judicatoryhearing,
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
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
96—383
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.
•
-.
-1/’-
ii
-~-?~
~-
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:
January
5, ~989
96384~
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER
OF:
JEPA DOCKET NO.
9359-AC
JOHN BLICKHAN,
)
Respondent
)
Affiant, Clifford Wheeler,
being first duly sworn, voluntarily deposes and
states as follows:
1.
Affiant is
a field inspector employed by the Land Pollution
Control Division
of the Illinois Environmental
Protection Agency and has been
so employed at all
times pertinent hereto.
2.
On November 16,
1988,
between 7:05 a.m.
and 8:30 a.m., Affiant
conducted an
inspection of the sanitary landfill
in Adams County,
Illinois,
known
as Quincy/Blickhan Landfill,
Illinois Environmental
Protection Agency
Site No. 0010650002, operating under
IEPA Permit No.
1974-70—OP.
3.
Affiant inspected said Quincy/Blickhan Landfill
site by an on-site
inspection which included walking the site, and interviewing personnel.
4.
Before and/or after said inspection of said landfill
site,
Affiant
reviewed
Illinois Environmental
Protection Agency permits issued
to the
subject site
and investigated into whether or not required documents were
timely filed on behalf of the subject site.
96—385
5.
As
a
result of the activities referred
to
in Paragraphs
3 and
4
above, Affiant completed the Inspection Report form attached hereto and made a
part hereof, which,
to the best of Affiant’s knowledge and belief,
is
an
accurate representation of Affiant’s observations and factual conclusions with
respect to Quincy/Blickhan Landfill.
c6~.Jz
~Jk4~
Subscribed ano Swor
to before me
this~.-’dayof
______________
1988.
otary Public
~-.336
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
v.
)
IEPA
DOCKET NO.
9359-AC
)
JOHN
BLICKHAN,
)
)
Respondent.
)
FACILITY:
Quincy/Blickhan
SITE CODE NO:
0010650002
COUNTY:
Adams
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
November 16,
1988
DATE REMITTED:
____________________________
SIGNATURE:
—______________________________
NOTE
Please enter the date of your remittance and sign this Remittance Form.
Be sure your check
is enclosed and mail,
along with Remittance Form,
to
Illinois Environmental Protection Agency, Attention:
Fiscal
Services,
2200 Churchill
Road, P.O.
Box 19276, Springfield,
Illinois
62794-9276.
96—387