ILLINOIS POLLUTION CONTROL BOARD
September
9,
1993
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 93—26
)
(IEPA Docket No.
395-93-AC)
JOHN JENNINGS,
d/b/a
)
(Administrative Citation)
JENNINGS BROTHERS LANDFILL,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a July 15,
1993
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,
but will not be
printed in the Board’s Opinion Volumes.
Service of the
Administrative Citation was made upon John Jennings on July 15,
1993.
The Agency alleges that on May 27,
1993, John Jennings,
present owner and/or operator of a facility located in Brown
County, and commonly known to the Agency as Timewell/Jennings
Brothers Landfill, violated Sections 21(o)(5),
21(o)(9), and
21(o) (12)
of the Act.
The statutory penalty established for each
of these violations
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 each and every provision alleged in the Administrative
Citation.
Since there are three
(3)
such violations,
the total
penalty to be imposed
is set at $1,500.00.
1.
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
$1,500.00 which
is to be sent to:
2
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL 62794—9276
2. Respondent shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Number on the certified check or money
order.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
this violation continues.
Section 41 of the Environmental Protection Act,
(415 ILCS
5/41
(1992)), provides for appeal of final orders of the Board
within 35 days.
The Rules of the Supreme Court of Illinois
establish filing requirements.
(See also,
35
111.
Adni.
Code
101.246, Motions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Boajd1 hereby certify
~hat
the above order was adopted on the
_______day of
~‘J2Lc~c~~
~
,
1993,
by
a vote of
7—c7
2
.
Dorothy
M.
Gufln,
Clerk
Illinois Pollution Control Board
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
••~Li)j
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
v.
)
AC
~
)
(IEPA
No. 395—93—AC)
JOHN JENNINGS
dlb/a
)
JENNINGS BROTHERS LANDFILL,
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued
pursuant
to authority vested
in
the
Illinois Environmental Protection Agency
by
Ill.
Rev. Stat.
ch.
lii
1/2,
para.
1031.1
(1991).
FACTS
1.
That Respondent,
John Jennings,
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
commonly
known
to
the Agency
as
Timewel 1/Jennings
Brothers Landfill.
3.
That Respondent
has owned
or operated
said facility at
all
times
pertinent hereto.
4.
That on May 27, ~993,Charles
King, 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.
VIOLATIONS
On
the basis
of
direct observation of Charles King,
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.
ch.
ill
1/2,
para.
1021(d)
(1991),
in
a manner which resulted
in
the following conditions:
A.
That on May 27,
1993
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:
(1)
Uncovered refuse remaining from
a previous operating day,
in
violation of
Ill. Rev.
Stat.
ch.
Ill
1/2,
para.
102l(o)(5)
(1991)
formerly
l021(p)(5).
(2)
Deposition of refuse
in any unpermitted
portion
of the landfill,
in violation of Ill.
Rev.
Stat.
ch.
111
1/2,
para.
102l(o)(9)
(1991)
formerly
l021(p)(9).
(3)
Failure
to collect and contain
litter from the site
by the end
of each operating day,
in violation of Ill.
Rev.
Stat.
ch.
Ill
1/2,
para.
102l(o)(12)
(1991)
formerly
102l(p)(l2).
CIVIL
PENALTY
Pursuant
to
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l042(b)(4)
(1991),
Respondent
herein
is
subject
to
a
civil
penalty
of
Five Hundred Dollars
($500.00)
for
each violation speci~fiedabove
in Paragraph
A,
for
a
total
of
One Thousand Five Hundred Dollars
($1,500.00).
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 acjudicatory 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 each finding of violation.
If you acknowledge
the violations cited
hereinabove,
the
civil
penalty specified above
shall
be due
and payable
no
later
than
August
20.
1993
.
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.
Nhen 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
ProtectionAgency
shall
take
into
consideration
such
failure
to
pay
during
any
oerniit review process upon your application for
a
new permit or for
renewal
of
an existing permit.
If any civil
penalty
imposed
by
the
Illinois
Pollution
Control
Board
is not paid within
the time prescribed
in
the order,
interest on
such penalty will
be assessed for
the
period from the date payment
is due
until
the
date payment
is
received.
Furthermore,
if payment
is
not received
when due,
the Office 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,
interest,
and
hearing
costs
of
the
Illinois
Envi ronmental
Protection
Agency
and
the
Illinois
Pollution
—3—
Control
Board,
if
any,
the Attorney General4s Office
will
seek
to recover
their costs of
litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have the
right
to contest
this Administrative Citation.
~
Ill.
Rev.
Stat.
ch.
111
1/2, para.
1031.1
(199’).
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 Hest 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:
Division of Legal
Counsel.
rvl
Mary ~
Director
Illinois Environmental Protection Agency
Prepared by:
Richard C.
Warrington,
Jr.
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box
19276
Springfield,
IL
62794—9276
21 7/782—5544
Date:
~Li~
I~~~1’173
jk/l303v,2—5
-4-
REMITTANCE
FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
,/~c
~3-~(
v.
)
EPA 395—93—AC
JOHN JENNINGS d/b/a
JENNINGS BROTHERS LANDFILL,
)
Respondent.
)
FACILITY:
Jennings Brothers
L.F.
SITE CODE NO.:
0098030001
COUNTY:
Brown
CIVIL PENALTY:
$1,500.00
•DATE OF
INSPECTION:
May 27,
1993
DATE
REMITTED:
______________________
SS/FEIN NUMBER:
__________________________
SIGNATURE:
________________________________
NOTE
Please enter
the date of your remittance, your Social
Securit~,number
(SS)
if
an
individual
or
Federal
Employer Identification Number (FEIN)
if
a
corporation,
and sign
this Remittance Form.
Be
sure your check
is enclosed
and mail,
along with Remittance
Form,
to Illinois
Environmental
Protection
Agency,
Attn.:
Fiscal
Services, 2200 Churchill
Road,
P.O.
Box
l9276,
Springfield,
Illinois 62794—9276.
jk/l303v,1