ILLINOIS POLLUTION CONTROL BOARD
    February 23, 1989
    IN THE MATTER OF:
    )
    UNION PACIFIC RAILROAD COMPANY,
    )
    AC 89—16
    (IEPA Docket No. 9372—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon
    a January 12,
    1989
    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 Union Pacific Railroad
    Company on January 17,
    1989.
    The Agency alleges that Union
    Pacific Railroad Company has violated Section
    21(q)(3)
    of the
    Act.
    The statutory penalty established
    for this violation
    is
    $500.00 pursuant
    to Section 42(b)(4)
    of the Act.
    Union Pacific Railroad Company 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 3l.l(d)(2)
    of the Act.
    Therefore,
    pursuant
    to Section 3l.l(d)(l), the Board finds that Union
    Pacific Railroad Company 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
    Union Pacific
    Railroad Company 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.
    96-411

    —2—
    I,
    Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    h~rebycertify that the above Order
    was adopted on the
    Z~”~dayof
    ,
    1989,
    by a vote of
    7~
    Dorothy M,/~unn,Clerk
    Illinois ~x5llutionControl Board
    96—412

    t~)T
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    1
    t\d
    J;~ti
    I
    2
    1989
    -~
    ADMINISTRATIVE
    CITATION
    I
    Si~1E(,FiL1IU3IS
    L
    imo’~co~:~i~i
    BOARD
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY
    ~
    /7~
    v.
    )
    IEPA DOCKET NO. 9372-AC
    )
    UNION PACIFIC RAILROAD COMPANY,
    )
    a foreign corporation
    )
    licensed to
    do business
    )
    in
    Illinois,
    )
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation
    is
    issued pursuant
    to authority vested
    in
    the
    Illinois Environmental
    Protection Agency by
    Ill.
    Rev. Stat.
    1987,
    ch. 111½,
    par.
    1031.1.
    FACTS
    1.
    That Respondent
    is the present owner and/or operator of a
    facility located
    in the County of Champaign, State of Illinois, desig-
    nated with site code No.
    0190050001.
    2.
    That said Respondent caused or allowed the deposit of waste
    upon said facility, without an
    Illinois Environmental Protection Agency
    Operating Permit.
    Said facility is commonly known
    to the Agency as
    Broadlands/Union Pacific Railroad.
    3.
    That Respondent has owned and/or operated said facility at
    all times pertinent hereto.
    4.
    That on November
    18, 1988,
    Robert Stortzum, of the
    Illinois
    Environmental Protection Agency, inspected the above-described facility.
    A copy of the inspection report setting forth the results of such inspection
    is
    attached hereto and made
    a part hereof.
    96—413

    VIOLATIONS
    On the basis of direct observation
    of Robert Stortzum, the Illinois
    Environmental Protection Agency has determined that Respondent has
    caused or allowed open dumping at the above—described facility in
    a
    manner which resulted in the following occurrences:
    A.
    That on November
    18, 1988 an on—site inspection
    of said facility
    disclosed the following:
    (1)
    Causing or allowing open burning (Section 21(q)(3) of
    the
    Act).
    CIVIL
    PENALTY
    Pursuant
    to
    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).
    Addi-
    tionally, 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.
    If you acknowledge the violation cited hereinabove,
    the civil
    penalty specified above shall
    be due and payable
    no later than February
    25, 1989.
    If you do.not petition the Illinois Pollution Control
    Board
    for review of
    this Administrative Citation within thirty-five (35)
    2
    96—414

    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 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.
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You
    have the right
    to contest this Administrative Citation.
    See
    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
    3
    9~-415

    (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.
    a’
    /
    /—~
    ~
    /
    -
    ~-
    ~
    ,
    /1
    -~
    ~
    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
    10,
    1989
    4
    96—416

    ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY
    L~
    I
    ~
    121989
    AFFIDAVIT
    _________
    IN THE
    MATTER
    OF:
    Union Pacific Railroad,
    )
    IEPA DOCKET NO.
    9372—AC
    A Corporation
    Affiant, Robert L.
    Stortzum, being first duly sworn, voluntarily
    deposes and states as follows:
    1.
    Affiant is
    a
    field inspector employed
    by the Air Pollution
    Control Division of the Environmental Protection Agency and has
    been so employed at all times pertinent hereto.
    2.
    On November 17
    and November
    18, 1988 between 4:45 and 5:15 p.m.
    (November 17) and 1:30 and 2:30 p.m.
    (November 18) Affiant
    conducted inspections of the open dump in Champaign County,
    Illinois, known as Broadlands/Union Pacific Railroad Illinois,
    Environmental
    Protection Agency
    site number 0190050001.
    3.
    Affiant inspected said Broadlands/Linion Pacific Railroad open
    dump site by an on—site inspection which included walking and
    photographing the site.
    4.
    As a result of the activities referred to
    in paragraph
    3 above,
    Affiant completed the Inspection Report form attached hereto and
    made
    a
    part hereof, which,
    to the best of the Afflant’s
    knowledge and belief,
    is an accurate representation of Affiant’s
    observations and factual conclusions with respect to said
    Broadlands/Union Pacific Railroad open dump.
    Subscribed and Sworn To before me
    this
    ~
    day of
    ~
    /
    ,
    1989.
    (~-~
    ~
    /
    otary
    ublic
    96—417

    V.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    REMITTANCE
    FORM
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    UNION PACIFIC RAILROAD COMPANY,
    a foreign corporation
    licensed to do business
    in
    Illinois,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    IEPA DOCKET NO.
    9372-AC
    SITE CODE NO:
    0190050001
    COUNTY:
    Champaign
    DATE OF INSPECTION:
    November 17-18,
    1988
    CIVIL PENALTY:
    $500.00
    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.
    FACILITY:
    Broadlands/IJnjon Pacific R.R.
    96—419

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