ILLINOIS POLLUTION CONTROL BOARD
March 19,
1987
IN THE MATTER OF:
)
RALPH
JOHNSON,
individually,
)
AC 87—12
and RALPH JOHNSON d/b/a
)
(IEPA Docket No. 8239—AC)
JERSEY SANITATION CORPORATION
Respondent.
ORDER OF THE BOARD:
This matter comes before
the
Board upon a(n) February
2,
1987 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 Ralph Johnson on February
5,
1987.
The Agency alleges that Ralph Johnson has violated
Sections 2l(p)(5),
21(p)(6), 21(p)(12)
and 21(p)(l1)
of the
Act.
The statutory penalty established for each of these
violations
is $500.00 pursuant to Section 42(b)(4)
of the Act.
Ralph Johnson 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 Ralph Johnson has
violated each
and every provision alleged
in the Administrative
Citation,.
Since
there
are four
(4)
such violations,,
the total
penalty to
be imposed
is set at $2,000.00.
It
is hereby ordered
that,
unless
the penalty has already
been paid, within 30 days of
the date of this Order Ralph Johnson
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 $2,000.00
which
is
to
be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
76-500
—2—
I,
Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the above Order was adopted on
the
(~,—o
day of
,
1987 by
a vote of
~ -O
/~L~
Dorothy M.
Günn,
Clerk
Illinois Pollution Control Board
76-501
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
~_________________
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
RALPH JOHNSON, individually,
).
‘9~
and
RALPH
JOHNSON d/b/a
)
IEPA DOCKET NO.
8239—AC
JERSEY SANITATION CORPORATION,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation is
issued pursuant to the authority
vested
in the Illinois Environmental
Protection Agency by Public Act
84-1320
(Ill.
Rev.
Stat.
1986, Supp.,
ch.
111½, par.
1031.1).
FACTS
1.
That Respondent,
Ralph Johnson individually and
dlb/a
Jersey
Sanitation Corporation, is the present operator of
a
facility located
in the County of Jersey, State of Illinois.
2.
That said facility is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit
No.
1973—44-OP, and designated with Site Code No. 0838040001.
Said facility
is commonly known
to the Agency as Jerseyville/Jersey Sanitation L.F..
3.
That Respondent
has operated said facility at all
times pertinent
hereto.
4.
That on December
9, 1986,
Richard
C. Johnson, 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.
76-502
VIOLATIONS
On the basis of direct observation of Richard
C. Johnson, 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.
1985,
ch. 111½. par. 1021(d),
in a manner which
resulted in the
following conditions:
A.
On December 9, 1986, said landfill facility had uncovered
refuse remaining from a previous operating day,
in violation
of
111. Rev.
Stat.
1986 Supp., ch. 111½,
par. 1021(p)(S).
B.
Ort December 9,
1986 said landfill facility had failed to
provide final
cover within time limits established ày the
Board,
in violation of Ill.
Rev.
Stat. 1986 Supp.,
ch.
111½,
par.
1O21(p)(6).
C.
On December
9,
1986, said landfill facility had failed to
collect and contain litter from the site by the
~r;d
of a
previous operating day,
in violation of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½, par. 1021(p)(12).
D.
On December 9,
1986, said landfill facility had failed
to
submit financial assurance documentation required by 3oard
Regulations at 35
Ill. Adm. Code,
Section 807.6O2Cb),
in
violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
l021(p)(ll
).
CIVIL PENALTY
Pursuant to Public ~ct 84—1320 (III.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1042(b)(4), Respondent herein
is subject to
a civil pena1t~
2
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraphs A through 0, for
a total
of Two Thousand ($2,000.00)
Dollars.
Additionally, should you 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 adjudi-
catory hearing, you 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 March
13,
1987.
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,
be 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
3
76-504
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
arry;
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.
1986 Supp., 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
IllinoisPollutionControl
Board.
A
copy
of
the
Petition
for
Review
should
be
filed
witn
the
Illinois
Environmental
Protection
Agency.
Such Petitibn~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 th’e Illinois
Environmental Protection Agency
at 2200 Churchill
Road, P.O.
Box 19276,
Springfield,
Illinois
62794-9276, Attention:
Enforcement Services.
Richard J.
Carison, Director
Illinois Environmental Protection Agency
Date:
January 29,
1987
76-505