ILLINOIS POLLUTION CONTROL BOARD
February
5,
1987
IN THE MATTER OF:
LEE ROY McCRAY, d/b/a
)
AC 86—14
D
& L DISPOSAL
)
(IEPA Docket No.
8155—AC)
Respondent.
ORDER OF THE BOARD:
This matter
conies before the Board upon a(n) December
11,
1986 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 Lee Roy McCray on December
12,
1986.
The Agency alleges that Lee Roy McCray has violated
Sections 21(p)(5)
and
2l(p)(5)
of the Act.
The statutory
penalty established for each of these violations
is $500.00
pursuant
to Section 42(b)(4)
of the Act.
Lee Roy McCray 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.1(d)(2)
of
the Act.
Therefore, pursuant
to
Section 31.1(d)(l),
the Board
finds that Lee Roy McCray 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 ~ena1ty has already
been paid,
within
30 days of the date
of this Order Lee Boy
McCray 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 $1,000.00 which
is to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
75-256
—2—
I, Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that
e above Order was adopted on
the
4~t~
day of
_____________,
1987 by a vote
of
___________.
Dorothy M/ Gunn,
Clerk
Illinois ‘Pollution Control
Board
75-257
ILLINOIS ENVIRONMENTAL PROTECTION
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
)
Lee Roy McCray
)
d/bla
D
& L Disposal
)
IEPA Docket No. 8155—AC
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
is the present operator of
a facility located
in the County of Bond,
State of Illinois.
2.
That said facility
is operated as a sanitary landfill, opera-
ting under Illinois Environmental Protection Agency Operating Permit
No.
1974-34-OP, and designated with Site Code No. 0050050001.
Said
facility is commonly known
to the Agency as Greenville/McCray.
3.
That Respondent has operated said facility at all
times per-
tinent hereto.
4.
That,
on October 17, 1986,
Patrick McCarthy 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.
75-258
5.
That on November
6,
1986, Charles Reeter, 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 Patrick McCarthy and Charles
Reeter,
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 October 17, 1986 operated said landfill facility while
uncovered refuse remained from a previous operating day,
in violation
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. lO2l(p)(5).
B.
On November 6,
1986 operated said landfill
facility while
uncovered refuse remained from
a previous operating day,
in violation
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
lO2l(p)(5).
CIVIL PENALTY
Pursuant
to Public Act 84-1320
(Ill.
Rev. Stat.
1986 Supp.,
ch.
111½,
par. l042(b)(4), Respondent herein
is subject
to
a civil penalty
of Five Hundred Dollars
($500.00) for each violation specified above
in Paragraph A and B,
for a total
of One Thousand Dollars
($1,000.00).
Additionally,
should you elect to
petition the Illinois Pollution Control
Board under the review process described hereinbelow, and if there
-2-
75-259
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.
If you acknowledge the violations cited hereinabove,
or if you
do not petition the
Illinois Pollution Control Board for review of
this Administrative Citation within thirty—five
(35) days of service,
the civil penalty specified hereinabove shall
be due and payable no
later than January
19,
1987.
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 you
elect
to contest this Administrative Citation, any judgment rendered
against you shall
specify the due date of the statutory civil
penalty
and costs assessed against you.
If any civil
penalty,
be reason of acknowledgment, default or
finding after adjudicatory hearing, is not paid when due; then the
Offices
of the Illinois Attorney General shall
be requested to mi—
tiate 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 Pollu-
tion Control
Board,
if any;
the Attorney General’s Office will seek
to
recover their costs of litigation.
—3-
75-260
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right
to contest this Administrative Citation.
See
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 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.
Richard J.
Carlson, Director
Illinois Environmental
Protection Kgency
Date:
December 8, 1986
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75-261