ILLINOIS POLLUTION CONTROL BOARD
    January
    5,
    1989
    IN THE MATTER
    OF:
    )
    JOHN JENNINGS,
    individually,
    )
    AC
    88-109
    and d/b/a Jennings
    Brothers
    )
    (IEPA
    Docket
    No.
    9289—AC)
    Sanitation,
    Respondent.
    ORDER
    OF
    THE BOARD:
    This matter comes before
    the
    Board upon
    a November
    28,
    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 John Jennings
    on
    November
    23,
    1988.
    The Agency alleges that John Jennings
    has
    violated
    Section
    21(p)(5)
    of the Act.
    The statutory penalty established
    for this
    violation
    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 the provision alleged
    in
    the Administrative Citation.
    Since there
    is
    one
    (I)
    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
    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 $500.00
    which
    is
    to
    be
    sent
    to:
    Illinois
    Environmental
    Protection Agency
    Fiscal
    Services
    Division
    2200
    Churchill
    Road
    Springfield,
    IL
    62706
    IT
    IS
    SO ORDERED.
    95—169

    VIOLATIONS
    On
    the basis of direct observation of Ricky Lanham,
    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.
    1987,
    ch.
    111½,
    par.
    1021(d),
    in
    a manner which resulted
    in the following
    conditions:
    A.
    That on October
    12,
    1988 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:
    (i)
    Uncovered refuse remaining from
    a previous operating
    day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    lO2l(p)(5).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320 (Iii.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1042(b)(4)),
    Respondent herein
    is subject to
    a
    civil
    penalty of
    Five Hundred Dollars
    ($500.00)
    for the violation specified above
    in
    Paragraph A(i).
    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 violation alleged herein,
    after an
    adjudicatory 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 a finding of violation.
    2
    95—171)

    If you acknowledge
    the violation
    cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable no
    later than January
    5,
    1989.
    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, 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.
    n 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.
    3
    95—17
    1

    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have
    the right
    to contest this Administrative Citation.
    See
    Public Act 84—1320
    (Ill.
    Rev.
    Stat.
    1987,
    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.
    ~
    ~
    Bernard
    P.
    Killian, Director
    Illinois Environmental Protection Agency
    Prepared
    by:
    ~Iilliam
    Seltzer
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    IL
    62794—9276
    (217)782—5544
    Date:
    November
    22,
    1988
    95—172

    H~1~
    Li~~
    ~jj(
    NOV
    281988
    ILLINOIS ENVIRONMENTAL PROTECTION AGEN
    ~j\~
    STATE Of
    ILLiNOIS
    ADMINISTRATIVE CITATION
    ~UUTION
    CONTROl.
    BOARO
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    ,t
    fj#~/~
    ~
    v.
    )
    IEPA DOCKET NO.
    9289-AC
    JOHN JENNINGS, individually,
    and d/b/a Jennings Brothers
    Sanitation,
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation
    is issued
    pursuant to authority vested
    in the Illinois Environmental Protection Agency by Public Act 84—1320
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1031.1).
    FACTS
    1.
    That Respondent
    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 comonly known
    to the Agency as Timewell/Jennings.
    3.
    That Respondent has owned
    or operated
    said facility at
    all
    times pertinent hereto.
    4.
    That on October
    12,
    1988, Ricky Lanham,
    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.
    95—173

    —2-
    I, Dorothy
    M.
    Gunn,
    Clerk
    of the
    Illinois
    Pollution
    Control
    Board,
    hereby cert
    Order was
    adopted
    on the
    ____________
    ________________________
    1989,
    by
    a
    vote of
    7~~)
    ______________d a
    ~
    a b o ve
    h~?n
    ~
    _
    Dorot
    Clerk
    Illinois
    Pol
    ution Control
    Board
    95—174

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