ILLINOIS POLLUTION
    CONTROL BOARD
    January
    5,
    1989
    IN THE MATTER
    OF:
    DAN
    HEUSINKVED
    as
    Clerk,
    )
    AC
    88-107
    Whiteside County,
    a county
    of
    )
    (IEPA Docket
    No.
    9286-AC)
    the
    State
    of
    Illinois
    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.
    Servioe
    of
    the
    Administrative Citation was made upon
    Dan Heusinkved
    on
    November
    21,
    1988.
    The Agency alleges
    that Dan
    Heusinkved
    has violated
    Sections
    21(p)(5),
    21(p)(6)
    and 21(p)(12)
    of
    the
    Act.
    The
    statutory penalty established
    for each
    of these violations
    is
    $500.00 pursuant
    to Section 42(b)(4)
    of the
    Act.
    Dan
    Heusinkved
    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 Dan
    Heusinkved
    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
    Dan
    Heusinkved
    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—157

    -2-
    I,
    Dorothy
    M.
    Gunn,
    Clerk of
    the
    Illinois Pollution Control
    __________day
    of________________________
    ____________
    _________
    _____________________
    1989,
    by
    a vote of
    7—C
    hereby c~t~he
    above Order
    was
    adopted
    on the
    n,
    Clerk
    Illinois
    Pa lution
    Control
    Board
    95—158

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    ~L.JLUJ~
    S1,*Tt
    Lr
    ft
    ADMINISTRATIVE CITATION
    ~
    M~.LBOARD
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    v.
    )
    EPA ~OCKETNO. 9286-AC
    DAN HEUSINKVED as
    clerk,
    )
    Whiteside County,
    a county
    )
    of the State
    of Illinois
    )
    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 Whiteside, State of
    Illinois.
    2.
    That said facility
    is operated as
    a
    sanitary landfill, operating
    under
    Illinois Environmental
    Protection Agency Operating Permit
    No.
    l983-4—OP, and designated with Site Code No.
    1958140003.
    Said facility
    is comonly known
    to
    the Agency
    as Whiteside County L.F.
    No.
    2.
    3.
    That Respondent has owned or operated said facility at all
    times pertinent hereto.
    4.
    That on September 28,
    1988, Jack Hoizer, 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—159

    VIOLATIONS
    On
    the basis of direct observation of Jack Holier,
    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 September 28,
    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).
    (ii)
    Failure
    to provide final
    cover within time limits established
    by Pollution Control
    Board regulations,
    in
    violation
    of III.
    Rev.
    Stat.
    19S7-, ch.
    111½,
    par.
    lO2l(p)(6).
    (iii)
    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. lO2l(p)(l2).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320 (Ill.
    Rev.
    Stat.
    1987,
    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
    Paragraphs A(i) through A(iii),
    far
    a total
    of Fifteen Hundred Dollars
    ($1,500.00).
    Additionally, should Respondent elect to petition the
    2
    Q5—1~Y)

    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
    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
    3
    95—161

    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
    (Ill.
    Rev.
    Stat.
    1987,
    ch. lll~,par.
    l031.l).
    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.
    Sucri 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,
    :llinois
    60601;
    and,
    a copy of said Petition for Review filed with the
    llinois
    Environmental
    Protection Agency at 2200 Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois
    62794—9276, Attention:
    Enforcement Services.
    TA-4-~-~)
    P
    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
    ~)
    5~-
    162

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