ILLINOIS POLLUTION

 CONTROL BOARD

January

5,

1989

IN

THE

 MATTER

OF:

VILLAGE

OF

 ROSSVILLE,

)

 AC 88-95

)

 (IEPA Docket

No.

 9269—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 Village

 of Rossville

on

November

16,

 1988.

The

 Agency alleges that

the

 Village

of

Rossville has

 violated Section 21(q)(1)

 of the

 Act.

The

statutory penalty

 established

 for this violation

is

 $500.00

pursuant

 to Section 42(b)(4)

of

 the Act.

The Village

of

 Rossville

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 Village

of

Rossville has

 violated the

 provision alleged

 in the

Administrative Citation.

 Since there

 is one

(1)

 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

the

 Village

~f Rossville

 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—97

—2-

I, Dorothy

M.

 Gunn, Clerk

of

the

 Illinois Pollution Control

Board,

 hereby certi,f~that

 the above Order was adopted

 on the

,7tX

day

of

 1989,

by

a

 vote of

7~-”

Ill

 i nol sP

/

on

 Control

 Board

95—98

1~L~

ft)ç4

ILLINOIS ENVIRONMENTAL PROTECTION AGEI~

NOV

11988

ADMINISTRATIVE CITATION

U\.~

SlATE

ILLINOIS

POUTIO?~1

CONTROL

BOARD

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY

)

,~dc.

 ~~(l•

v.

)

 IEPA DOCKET NO.

 9269-AC

VILLAGE OF ROSSVILLE

)

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

 Ill.

 Rev. Stat.

1987,

ch.

 111½,

 par.

 1031.1.

FACTS

1.

 That Respondent

 Is the present owner and/or operator of a

facility located

 in the County of Vermilion, State of

 Illinois.

2.

 That said facility is an open dump, operating without an

Illinois

 Environmental Protection Agency Operating Permit,

 and desig-

nated with Site Code No.

 1830800001.

 Said facility is comonly known

to the Agency as Rossville/Municipal.

3.

 That Respondent has owned and/or operated said facility at

all

 times pertinent hereto.

4.

 That on September 19,

 1988,

 S. Dale Elenberger,

 of the Illinois

Environmental Protection Agency,

 inspected the above-described facility.

A copy of the inspection

 report setting forth the results of such inspection

is attached hereto and made

 a part hereof.

95—99

VIOLATIONS

On th~basis of direct observation of

S.

 Dale Elenberger, the

Illinois En~iironmentalProtection Agency has determined that Respondent

has caused or allowed open dumping at the above-described facility

in

 a manner which resulted in the following occurrences:

A.

 That on September 19,

 1988 an on-site inspection of said

facility disclosed the

 following:

(I)

 Causing

 or allowing litter

 (Section 2l(q)(l) of the

Act).

CIVIL

 PENALTY

Pursuant to

 Ill.

 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),

for

a

 total of Five Hundred Dollars

 ($500.00).

 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 violations

alleged herein, after

 an adjudicatory hearing, Respondent shall

be

assessed the associated hearing costs

 incurred by the Illinbis 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)

2

95—100

days of service hereof or

 if you elect

 to contest this Administrative

Citation, a~vjudgment 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 Offices

of the

 Illinois Attorney 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’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.

~

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

3

95—mi

(35) days of

 the date of service of this Administrative Citation, or

a default iidgment 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.

6~a~t~~d

 Bernard P.

 Killian,

 Di ector

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 15,

1988

4

95—102

ILLINOIS ENVIRONMENTAL PROTECTION AGENC~

AFFIDAVIT

r~

i3’~L

NOV17

STA~to~

ILLINOIS

POLLUTION CON1~O1BOARD

IN THE MATTER OF:

VILLAGE OF ROSSVILLE

a municipal Corporation

of the State of Illinois,

Respondent

)

~e.

IEPA DOCKET NO.

 9269-AC

Affiant,

S.

 Dale Elenberger,

 being first duly sworn,

 voluntarily deposes and

states

 as follows:

1.

 Affiant is

 a field inspector employed by the Land Pollution

Control Division of the Illinois Environmental Protection Agency and has

 been

so employed at

all

 times pertinent hereto.

2.

 On September 19,

 1988,

 between 2:58 p.m.

and

 3:35 p.m., Affiant

conducted an

 inspection of the open dump in Vermilion County, Illinois,

 known

as Rossville/Municipal, Illinois Environmental

 Protection Agency Site No.

1830800001.

3.

 Affiant inspected said Rossville/Municipal open dump site by an

on-site inspection which included walking and photographing the

 site.

95—103

4.

 ASIa result

 of the activities referred

to

 in paragraph 3 above,

Affiant completed the Inspection Report form attached hereto and made

 a part

hereof, which,

 to the best of Affiant’s knowledge and belief,

is

 an accurate

representation of Affiant’s observations and

 factual conclusions with respect

to

 said Rossville/Municipal

 open dump.

Subscribed and

 Sworn to before me

this

 ‘.~dayof

L’-~~~’

1988.

Notary Public

95—104

ILLINOIS ENVIRONMENTAL PROTECTION AGEN

NOV

 I 7 1988

SlAft

ILLINOIS

REMITTANCE

FORM

P~11UTIONCONTROL BOARD

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY

)

IEPA

DOCKET

NO.

9269-AC

)

VILLAGE OF ROSSVILLE

)

a municipal corporation

)

of the State of Illinois,

)

Respondent.

)

FACILITY:

 Rossville Municipal

 SITE CODE NO:

1830800001

COUNTY:

 Vermilion

 CIVIL PENALTY:

 $500.00

DATE OF INSPECTION:

 September 19, 1988

DATE REMITTED:

 ___________________________

SIGNATURE:

 ________________________________

NOTE

Please enter the date of your remittance and sign this Remittance Form.

Be sure your check

 is enclosed and mail

 along with Remittance Form,

to Illinois Environmental Protection Agency, Attention:

 Fiscal Services,

2200 Churchill

 Road,

 P.O.

 Box 19276, Springfield, Illinois

 62794-9276.

95-105