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
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1
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I
2
1989
-~
ADMINISTRATIVE
CITATION
I
Si~1E(,FiL1IU3IS
L
imo’~co~:~i~i
BOARD
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY
~
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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