ILLINOIS POLLUTION CONTROL BOARD
    January
    5,
    1989
    IN THE MATTER
    OF:
    )
    EDWARD
    J.
    DEIBEL,
    )
    AC 88-108
    )
    (JEPA Docket
    No.
    9287-AC)
    Respondent.
    )
    ORDER
    OF THE BOARD:
    This matter
    comes before
    the Board
    upon
    a November
    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
    Edward
    Deibel
    on November
    21,
    1988.
    The Agency alleges
    that
    Edward
    Deibel
    has
    violated
    Sections
    21(p)(5),
    21(p)(12)
    and
    21(p)(9) of the Act.
    The
    statutory penalty established
    for
    each of these
    violations
    is
    $500.00 pursuant
    to Section
    42(b)(4) of the Act.
    Edward
    Deibel
    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 Edward
    Deibel
    has
    violated
    each
    and every
    provision
    alleged
    in
    the Administrative
    Citation.
    Since
    there
    are three
    (3)
    such violations,
    the
    total
    penalty
    to
    be imposed
    is
    set
    at
    $1,500.00.
    It
    is
    hereby ordered
    that,
    unless
    the penalty
    has
    already
    been
    paid, within
    30 days
    of
    the date of
    this
    Order
    Edward
    Deibel
    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
    $1,500.00
    which
    is
    to
    be
    sent
    to:
    Illinois
    Environmental
    Protection Agency
    Fiscal
    Services
    Division
    2200
    Churchill
    Road
    Springfield,
    IL
    62706
    IT
    IS
    SO
    ORDERED.
    95—163

    —2-
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of the
    Illinois Pollution Control
    Board,
    hereby
    ce
    _________
    _____________________
    1989,
    by
    a
    vote
    of
    7~-C
    ,j~tZ day
    of
    ~
    above Order
    was adopted
    on the
    Clerk
    Illinois Pol~ion Control
    Board
    95—164

    -~
    ii
    I
    NOV
    231988
    ATE OF
    U.UNOIS
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY1
    PoU.UT~ONCONTROl.8OA~
    ADMINISTRATIVE
    CITATION
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    /C
    S1’/o(
    v.
    )
    IEPA DOCKET
    NO.
    9287-AC
    EDWARD
    J.
    DEIBEL,
    Respondent.
    )
    JURI~DICT0N
    This Admin~strative
    Citat~on~s issjea ~ursuantto author~tyvested
    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 Effingham, State of Illinois.
    2.
    That said facility
    is
    operated as
    a sanitary landfill, operatinc
    under IliinO~5Environmental
    protection Aaency D~eratingPermit ~o.
    1979—4-OP.
    and designated with Site Code
    ‘~o. 0498100007.
    Saic facility
    is cornonly known
    to the Agency
    as Deibel
    No.
    2.
    3.
    That Respondent has owned or ooerated said facility at
    all
    times pertinent hereto.
    4.
    That on September 27,
    1988,
    Steven Townsend,
    of
    the
    llinois
    Environmental Protection Agency, inspected
    the above-described
    landfill
    facility.
    A coDy of the inspection report settina
    forth the results
    of such inspection
    is attached hereto and made
    a part hereof.
    95—165

    VIOLATIONS
    On the basis of direct observation
    of
    Steven Townsend, 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
    condi tions:
    A.
    That on
    September 27, 1988 an on-site inspection
    of said
    sanitary lancfill
    facility and
    a
    review of
    :llinois Environmental
    Protection
    ~gencyfiles and records
    of
    said facility, cisciosec the
    following:
    (i)
    Uncovered refuse remaining from
    a previous operating
    day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    iO2l(p)(5).
    (ii)
    Failure
    to collect and contain litter from the site
    by the end of each operating day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1O21(p)(12).
    ~iii) Deposition
    of
    refuse
    in
    any unpermitted portion
    of the
    landfill,
    in
    violation oi
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par.
    lO2l(p)(9).
    CIVIL
    PENALTY
    Pursuant
    to Public Act 84-1320 (Ill.
    Rev.
    Stat.
    1987, c~. ill½,
    par.
    1042(b)(4)), Respondent
    herein
    is
    subject to
    a civil
    penalty
    of
    Five Hundred Dollars
    ($500.00) for each violation soecified
    above
    th
    Paragraphs A(i) through A(iii), for
    a total
    of Fifteen Hundred
    Dollars
    ($1,500.00).
    Additionally, should Respondent elect
    to petition
    the
    2
    95—166

    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, 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 each finding of violation.
    If you acknowledge the violations
    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
    Boarc
    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, 5~ringfieid, Illinois 62794-9276.
    Also,
    please complete and
    return the enclosed Remittance
    Form, along
    with your payment,
    to assure proper documentation of oayment.
    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.
    Furthermcre,
    if payment
    is not received when due,
    the Offices
    of the
    Illinois Attorney
    3
    95—167

    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~sOffice
    will
    seek
    to
    recover
    their
    costs
    of
    litigation.
    PROCEDURE FOR CONTESTiNG THIS
    ADMINISTRATIVE
    CITATION
    You have the
    right
    to contest this Administrative Citation.
    See
    Public Act 84—1320
    (111.
    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,
    ChicaQo,
    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:
    William Seltzer
    Illinois Environmental
    Protection
    Agency
    2200
    Churchill
    Road
    P.O.
    Box
    19276
    Springfield,
    IL
    62794-9276
    (217
    )782— 5544
    Date:
    November
    18,
    1988
    9516’3
    4

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