ILLINOIS POLLUTION CONTROL BOARD
    February 23,
    1989
    IN THE MATTER OF:
    )
    CITY OF BELVIDERE,
    )
    AC 88—119
    )
    (TEPA Docket No. 9341—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon
    a December
    27,
    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 Belvidere on
    December
    27,
    1988.
    The Agency alleges that the City of Belvidere
    has violated Sections 2l(p)(5)
    and 2l(p)(l2)
    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 Belvidere
    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 Belvidere
    has violated each and every provision alleged
    in the
    Administrative Citation.
    Since
    there are two
    (2)
    such
    violations,
    the total penalty to be imposed
    is set at
    $1, 000.00.
    It
    is hereby ordered
    that, unless the penalty has already
    been paid, within
    30 days
    of the date of
    this
    Order
    the City of
    Belvidere 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 $1,000.00 which
    is
    to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT
    IS SO ORDERED.
    96—307
    —2—
    I,
    Dorothy
    !1.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif~,that the above Order was adopted
    on the
    Z~.3’~-~day
    of
    ~
    -
    ,
    1989,
    by a vote of
    7—c’
    ~27.
    Dorothy M.,,1~unn, Clerk
    Illinois l~llutionControl Board
    96—3o8
    ILLINOIS ENVIRONMENTAL PROTECTION AGENI
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    Jc~
    f~//~
    v.
    )
    IEPA
    DOCKET NO.
    9341-AC
    CITY OF BELVIDERE,
    )
    a municipal corporation
    )
    in 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 Boone, State of
    Illinois.
    2.
    That said facility is operated as
    a sanitary landfill, operating
    under
    Illinois Environmental Protection Agency Operating Permit
    No.
    1973—55-OP, and designated with Site Code No.
    0070050006.
    Said facility
    is commonly known
    to the Agency
    as Belvidere Muni
    No.
    2.
    3.
    That Respondent has owned or operated said facility at all
    times pertinent hereto.
    4.
    That on November
    3,
    1988,
    Thomas McNamee, 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.
    96
    fl9
    VIOLATIONS
    On the basis of direct observation of Thomas McNamee,
    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 November
    3,
    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.
    1O21(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.
    102l(p)(12).
    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) and A(ii), for a total
    of One Thousand Dollars
    ($1,000.00).
    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
    2
    96—3.10
    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
    31,
    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
    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.
    ~
    ~
    ~
    Bernard
    P.
    Killian, Director
    Illinois Environmental Protection Agency
    Prepared
    by:
    William Seltzer
    Illinois Environmental
    Protection Agency
    2200 Churcthill
    Road
    P.O. Box 19276
    Springfield,
    IL
    62794-9276
    (217)782-5544
    Date:
    December 23, 1988
    4
    96—312
    ILLINOIS ENVIRONMENTAL PROTECTION ~
    REMITTANCE FORM
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    ~
    ~4~W5
    v.
    )
    IEPA DOCKET N~.9341-AC
    CITY OF BELVIDERE,
    Respondent.
    )
    FACILITY:
    Belvidere Muni
    No.
    2
    SITE CODE NO:
    0070050006
    COUNTY:
    Boone
    CIVIL PENALTY:
    $1,000.00
    DATE OF
    INSPECTION:
    November
    3,
    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.
    96—313
    ILLINOIS ENVIRONMENTAL PROTECTION
    AFFIDAVIT
    )
    )
    )
    )
    )
    )
    IN THE MATTER
    OF:
    CITY OF BELVIDERE,
    a municipal corporation
    in the State of Ilinois,
    Respondent.
    Affiant
    Thomas
    J. McNamee, 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 November
    3,
    1988,
    between 7:42 a.m. and
    10:00 a.m., Affiant
    conducted an inspection of the sanitary landfill
    in
    Boone County,
    Illinois,
    known
    as Belvidere/Muni
    #2,
    Illinois Environmental
    Protection Agency Site
    No. 0070050006, operating under IEPA Permit No. 1973—55-OP.
    3.
    Affiant inspected said Belvidere/Muni #2 site by an
    which included walking
    the site and interviewing personnel.
    4.
    Before and/or after said inspection of said landfill
    site, Affiant
    reviewed Illinois Environmental
    Protection Agency permits
    issued
    to the
    subject site and investigated into whether or not required documents were
    timely filed
    on behalf of the subject site.
    5.
    As
    a
    result of the activities referred to
    in Paragraphs
    3 and
    4
    above, Affiant completed the Inspection Report form attached hereto and
    made
    a part hereof, which, to the
    best of Affiant’s knowledge and belief,
    on—site inspection
    ,~
    S1-”5
    IEPA DOCKET
    NO.
    9341-AC
    96—3 14
    is
    an accurate representation of Affiant’s observations and
    factual
    conclusions with respect to said Belvldere/tluni
    #2.
    ________
    /i7c
    z~-~
    Subscribed and Sworn
    To before me
    this
    ~
    day
    ~
    1988.
    Notary Public
    r~C!ALSE~L~
    C1!RY1 L
    MM~TENS
    t~otary
    ~
    s:~t~
    ~
    My
    Comm
    s~n
    Eipwc~/~3i9
    96—315

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