ILLINOIS
    POLLUTION
    CONTROL BOARD
    P~ugust6,
    1987
    IN THE MATTER OF:
    GERALD
    D.
    RHODES and RUTHERFORD
    )
    AC 87-59
    (RUSSEL) RHODES
    )
    (IEPA Case No. 8441—AC)
    Respondents.
    ORDER OF THE BOARD:
    This matter comes before
    the Board upon
    a June
    22, 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 Gerald and Rutherford
    Rhodes
    on June
    19,
    19b7.
    The Agency alleges that Gerald and
    Rutherford Rhodes has violated Sections 21(p)(9)
    and 2l(p)(7) of
    tne Act.
    The statutory penalty established
    for
    each of these
    violations
    is ~500.00 pursuant
    to Section 42(b)(4)
    of the Act.
    Gerald
    and Rutherford Rhodes 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.l(d)(1),
    the Board
    finds that Gerald and
    Rutherford Rhodes
    has violated each and every provision alleged
    in the Administrative Citation.
    Since
    there are two
    (2) such
    violations,
    the total penalty
    to
    be
    imposed
    is
    set
    at
    $1,000.00.
    It
    is hereby ordered
    that, unless
    the penalty has already
    been paid, within 30 days of
    the date
    of this Order Gerald and
    Rutherford Rhodes shall, by certified check
    or money
    order
    payable
    to the State of
    Illinois and designated for deposit
    into
    the Environmental Protection Trust
    Funu,
    pay
    a penalty
    in the
    amount
    of $1,000.00 which
    is
    to be sent to:
    Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT
    IS SO ORDERED.
    80—169

    —2—
    I, Dorothy
    M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify _that the above Order was adopted on the
    ~~rt2 day
    of
    ,
    1987
    by
    a vote of
    ~‘
    orothy
    M. Gunn, Clerk
    Illinois Pollution Control Board
    80—170

    fl~fl~r~
    II ~
    -.
    --
    —.
    .,
    -
    ~
    JUN
    2
    2
    1987
    ~I~
    ~
    ~
    PJ\U~C~.C,
    MG~~
    -
    ~
    :_C_T~T_C
    _______
    ______
    ~“:~
    ~.
    i.
    GER.L~LJ
    :).
    RFC~3,
    c~
    n d
    RLT:~I~C~3
    (RUSEL) ~
    Respondent.
    ~
    .
    mis ~.c
    n~s:razive ~‘:at~on
    ~s issued pursuant to the
    authorit’,’
    vescec
    in
    tn.a ~Thno~s
    ~ircnri:a Protection Agency by
    Public Act
    84-12~
    (I~,
    Re,’.
    Stat. 13~,S~::.,ch. l11~,par.
    1031.1).
    Respondent,
    Gerald
    D.
    Rhodes3
    is the present owner and
    a
    facility located
    in the County
    or Sangamon,
    State
    2.
    That Respondent,
    Rutherford (Russel)
    Rhodes,
    is
    an operator
    of
    the site described in paragraph
    1
    above.
    3.
    That said facility
    is operated
    as
    a sanitary landfill, opera-
    ting without an
    Illinois Environmental
    Protection Agency Operating
    pern’it and designated with Site Code lb.
    1678080001.
    Said facility
    is
    commonly kno~:n to the Agency
    as Springfield/Rhodes.
    4.
    That Respondents
    have operated said facility at
    all
    times
    pertinent hereto.
    5.
    That on
    ~ay
    8,
    1937,
    Ricky
    G.
    Lanho:n,
    of
    tho
    Illinois Envircn-
    mental
    Protection
    Agency,
    inapected
    tha above-described
    landfill faci1~tY.
    )
    )
    )
    )
    )
    )
    )
    1E~
    DOCKET i~0. 84~i-AC
    1.
    That
    an otarator
    of
    of
    Illinois.
    80—17 1

    A
    ca:~:o~t’s
    arc:
    ~‘:-
    t-:r:
    settino
    forth
    the
    results
    of
    such
    tion
    is
    a:ta::iac
    :?‘et:.
    ~
    —~~e
    a
    nart
    hereof.
    VOLATi0~
    On
    tn’s
    na:i’s
    of direct observation of Ricky
    G.
    Lanhan,
    the
    iliro~s
    En’.’ircr~enta1 Pr’stecticn
    .cen:v
    has determined
    that
    Respondents
    were
    conducting
    an unpermittec
    landfill operation at
    the above—described
    facility,
    which
    is re~uired to have
    a permit pursuant to
    Ill.
    Rev.
    Stat.
    ~
    :h.
    ii~.,
    ca-. ~O2(c), in
    a manner which resultec
    in
    follc.:in;
    conditions:
    A.
    Cr
    ~
    8, i~37,Ressoncen-.s operated and/or
    controlled
    saic
    landfill with
    refute
    de::site.d
    in
    an unpermitted portion
    of said facil~t:,
    in
    violation of
    1i.
    Re’.’.
    Stat.
    1965 Supp.
    ch. lll~,par. ‘lO2l(o)().
    B.
    On ~ay 6, lE7, wastes were observed
    at said unpermitted
    landfill
    operated
    and/or controlled
    by Respondents
    in
    violation of
    Ill.
    Rev.
    Stat.
    1966 Supo.,
    ch. lll~,par. lO2l(p)(7).
    CIVIL PEr~ALTY
    Pursuant to
    Public Act 84-1320
    (Ill.
    Rev. Stat.
    1986 Supp.,
    ch.
    lll~,par. 1042(b)(4)),
    Respondent herein
    is subject
    to
    a civil penalty
    of Five Hundred
    Dollars
    ($500.00)
    for each violation specified above
    in
    Paragraphs A and
    B, for
    a total
    of One Thousand
    ($1,000.00)
    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 adjudicatory
    hearing,
    you
    shall
    be
    assessed the associated hearing costs
    incurred
    2
    80—172

    b’
    the
    lli:~i~n;i’’’
    •‘ot:ct~:~
    Acen:~,?
    ~nd
    the Illino~s
    Zc,l
    iu:ior
    Ccnto1
    Doard,
    t~i
    the
    Five Hut~dra~
    Doll~r
    (5500.03)
    sta tutOr’.
    penalty for aeon
    fin n’~
    v~aiation.
    if
    YOU
    ac~nc.;iednenrc
    vial ati’sr.s
    ci
    ted
    hereinabove, th~
    civi
    penalty s~ecif;ecabove ~htll
    due
    and
    pCyabie
    ro
    later
    tncn
    Ju
    ~i,
    l9~í.
    IT
    you
    do
    riOt
    p3t~t~on
    the
    Illinois
    Pollution
    Control
    Eoarc
    for
    review
    of
    this
    Administrative
    Citation
    within
    thirty—five
    (35)
    days
    of
    service
    hereof
    or
    if
    you
    elect
    to
    contest
    this
    Administrative
    Citation.
    ~i~’
    ~u::~’enn
    renne~ec
    acainst
    you
    shall
    specify
    the
    du~cate
    of
    the
    stCtutor
    civil
    canaity
    and
    any
    coats
    assessed
    acainso
    you.
    ~
    ‘mart
    is
    mane,
    your
    crack
    should
    be
    made
    payable
    to
    th~
    Illinois
    En’.’ironmental
    Protection Trust
    func and mailed
    to the
    attention
    of
    Fiscal
    Serviots,
    Illinois
    Environmental
    Protection
    Agency,
    223
    Churchill
    Road,
    P.O.
    Bar
    19276,
    Soringfield,
    Illinois
    6279d-9276.
    Also,
    please
    complete
    and
    return
    the
    enclosed
    Remittance
    Form,
    alona
    with
    your payment,
    to assure proper documentation of paymen..
    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
    for
    a new permit or for renewal
    of
    an existing permit.
    Furthermore,
    ‘if payment
    is
    not received when dua, 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
    3
    80—173

    An~rc’.
    arc
    -
    ~
    :11
    nai
    I ution
    Control
    Bcar~
    ,
    if
    any;
    the
    ~t:Orn:,~..’
    General’s Offica
    ‘HIl
    a::t:
    to
    recover
    their
    costs
    of
    litigation.
    ~T.CE~!Y1E
    FOP.
    C0~TESTl~:G
    THIS
    .-:~~:~STRATI.’E
    CIT,ATICh
    You
    have
    toe rio
    no
    contest
    this
    Administrative
    Citation.
    Sac
    Public Act 81-1323
    (I’H.
    ~ev.
    Stat.
    1985
    Supp.,
    ch.
    lll~,
    par.
    1031.1).
    If you elect
    to contest this Administrative Citation, you must
    file
    a
    Petition
    for
    Re’.’iew with
    the
    Clerk of the
    Illinois
    Pollution Control
    Ecard.
    A
    ccc’.’
    of
    the
    Peti
    :~onfor
    Review
    should
    be
    filed
    with
    one
    Illinois
    Envir:rr-entai
    Protection
    Acenoy.
    Such
    Petition
    for
    Re.’iew
    must
    be
    filec
    ‘,;io~r
    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
    witn
    the
    Cler~or
    the
    ~lnnois
    Pollut~on Control
    Board
    at
    tre
    State
    of
    Illinois
    Center,
    103
    kest
    Randolph,
    Suite
    11—500,
    Chicago,
    Illinois
    60501;
    and,
    a
    copy
    of
    said
    Petition
    for
    Review
    filed
    with
    the
    Illinois
    Environmental
    Protection
    Agency
    at
    2200
    Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Ii1inCi~
    62794-9276,
    Attention:
    Enforcement
    Services.
    T
    ~
    Richard
    J.
    Carison, Director
    Illinois Environmental
    Protection Agency
    Dated:
    June
    18,
    1937
    4
    80—174

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