ILLINOIS
    POLLUTION
    CONTROL BOARD
    January
    5,
    1989
    IN THE ~4ATTEROF:
    )
    CITY
    OF
    LeROY,
    )
    AC 88-96
    (IEPA Docket
    No.
    9266—AC)
    Respondent.
    )
    ORDER
    OF THE
    BOARD:
    This matter
    comes
    before
    the
    Board
    upon
    a
    November
    17,
    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 the
    City of
    LeRoy
    on
    November
    16,
    1988.
    The
    Agency alleges that
    the City
    of LeRoy
    has
    violated
    Sections 21(p)(5),
    21(p)(9) and
    21(p)(11)
    of the Act.
    The statutory penalty
    established
    for each
    of these
    violations
    is
    $500.00 pursuant to Section
    42(b)(4)
    of the Act.
    The
    City
    of
    LeRoy
    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
    the City
    of LeRoy
    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
    the
    City
    of
    LeRoy 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.
    0
    c—107
    —2—
    I,
    Dorothy
    M.
    Gunn,
    Clerk of
    the
    Illinois Pollution
    Control
    Board,
    hereby cerYfy that
    the above
    Order
    was adopted
    on
    the
    5tZ
    day
    of
    ,
    1989,
    by
    a vote
    of
    7~
    -.
    Illinois
    P
    lution
    Control
    Board
    95—108
    NOV
    111988
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    STAlE
    OF I~
    IN0~S
    PO~LUUONCON ~O1BOARfl
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY
    ~
    ~
    v.
    )
    IEPA DOCKET NO.
    9266-AC
    CITY OF LeROY,
    )
    a municipal corporation
    )
    of the State of Illinois,
    )
    )
    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 McLean, State of Illinois.
    2.
    That said facility is operated
    as
    a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    l974-9l—OP,
    and designated with Site Code No.
    1138140001.
    Said facility
    is commonly known
    to the Agency as LeRoy Municipal
    L.F.
    3.
    That Respondent has owned or operated said facility
    at
    all
    times pertinent hereto.
    4.
    That on September 21, 1988, Richard Johnson, 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—109
    VIOLATIONS
    On
    the~
    basis
    of direct observation of Richard Johnson,
    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 21,
    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.
    102l(p)(5).
    (ii)
    Deposition of refuse
    in any unpermitted portion of the
    landfill,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    lO2l(p)(9).
    (iii)
    Failure
    to submit reports required by permits or
    Pollution Control
    Board
    Regulations,
    in violation of
    Ill.
    Rev.
    Stat.,
    1987,
    ch.
    111½, par.
    1021(p)(ll).
    CIVIL PENALTY
    Pursuant to Public Act 84—1320 (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    lO42(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), for
    a total
    of Fifteen Hundred Dollars
    ($1,500.00).
    Additionally, should Respondent elect
    to petition the
    2
    95—110
    Illinois Pollution Control Board under the review process described
    hereinbelo~,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 December
    24,
    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 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
    3
    95—111
    General
    shall
    be requested to
    initiate proceedings
    in Circuit Court
    to collect ~aid 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.
    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.
    ~e~4~o~S
    f
    ~
    ernard
    P.
    Killia
    ,
    D4rector
    Illinois Environmental Protection A~ency
    Prepared by:
    William Seltzer
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    IL
    62794-9276
    (217)782—5544
    Date:
    November 15,
    1988
    4
    95—112

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