ILLINOIS POLLUTION CONTROL BOARD
May
5,
1988
IN THE MATTER OF:
JAMES
L. WATTS,
)
AC 88—25
(IEPA Docket No. 8895—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a March
23,
1988
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 James
L. Watts on March
23,
1988.
The Agency alleges
that James
L. Watts has violated
Section
2l(p)(5)
of
the Act.
The statutory penalty established
for this violation
is $500.00 pursuant
to Section 42(b)(4)
of the
Act.
James
L. Watts 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 31.l(d)(l),
the Board
finds that James
L. Watts 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 James
L.
Watts 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 T~gency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
s9—159
—2--
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~U-~
day of
,
1988,
by
a vote
of
1’—”
Dorothy M. G nn, Clerk
Illinois Pollution Control Board
89—160
O~qEW~
ILLINOIS ENVIR0t~MENTALPROTECTION AGE~~JI
_______________
IN\1_MAR23
1983
ADMINISTRATIVE
CITATION
U
I~LStA1E
OFIWNOIS
~Ot1UUQN
~NTR0L
BOA~O
IN
THE MATTER
OF:
)
—
JAMES
L.
WATTS,
)
IEPA DOCKET NO. 8895-AC
Respondent
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental
Protection
Agency
by
Public
Act
84-1320
(Iii.
Rev.
Stat.
1986,
Supp.,
ch.
ll1~,
par.
1031.1).
FACTS
1~
That
Res:ondent, Jar~es
~.
~att~, ~
the present operator
of
a facility located
in
the County of Rock Island, State of
Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1972-72,
and
designated
with
Site
Code
No.
1618000001.
Said facility
is commonly known
to the Agency as Andalusia/Watts.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
February
2,
1988,
James
Jones,
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.
89—16 1
VIOLATIONS
On
the
basis
of direct observation
of James Jones,
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 February
2,
1988,
said landfill
had uncovered refuse remaining
from
a
previous operating day,
in
violation of
Ill.
Rev.
Stat.
1986 Supp.,
Ch.
111½, par.
lO2I(p)(5).
CIVIL PENALTY
Pursuant
to
Public
Act
84—1320
(Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
1042(b)(4)),
Respondent herein
is
subject
to
a
civil
penalty
of
Five
Hundred
Dollars
($500.00)
for
each
violation
specified
above
in
Paragraph A,
for
a
total
of
five hundred
(500.00) 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
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.
89—16 2
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
April
29,
1988.
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
6279~-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
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 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.
89— 163
PROCEDURE
FOR CONTESTING THIS
AWIINISTRATIVE
CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
See
Public A~t84-1320
(Ill.
Rev,
Stat.
1986 Supp.,
oh.
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
(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.
~
~_J
~
-
Richard
J.
Carlson, Director
~7!~
Illinois Environmental
Protection Agency
Date:
March
21,
1988
89—164