ILLINOIS POLLUTION CONTROL BOARD
February 23, 1989
IN THE MATTER OF:
CITY OF SPRINGFIELD,
)
AC 89—3
(IEPA Docket No. 9353—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board
upon
a January
9,
1989
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 Springfield
on
January
5,
1989.
The Agency alleges that
the City of Springfield
has violated
Section 21(p)(l)
of
the Act.
The statutory penalty
established
for this violation
is $500.00 pursuant
to Section
42(b)(4)
of the Act.
The City of Springfield
has not filed
a Petition for Review
with
the
Clerk
of
the
T~oarc1 w~
thin
35
days
of
the
date
of
service
as
allowed
by
Section
3l.l(d)(2)
of
the
Act.
Therefore, pursuant
to
Section 3l.l(d)(l), the Board
finds that
the City of
Springfield
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 City of
Springfield
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.
NI. Nardulli concurs.
96--327
—2—
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board
hereby certify~hatthe above Order was adopted on the
__________day of
...-.~/
,
1989, by
a vote of
7~-’
727.
Dorothy M.
Gánn,
Clerk
Illinois Pollution Control Board
96—328
JAN
-
9
1989
ILLINOIS ENVIRONMENTAL PROTECTION AGENCU\~
STATE OF ILLI~~OIS
ADMINISTRATIVE CITATION
POJ.IUTION
CONTROL
BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
le
1~.
v.
)
IEPA DOCKET NO.
9353-AC
CITY OF SPRINGFIELD,
)
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
Sangarnon, State of Illinois.
2.
That said facility
is operated as
a
sanitary landfill, operating
under Illinois Environmental
Protection Agency Operating Permit No.
1980-19—OP. and designated with Site Code No.
1678250020.
Said facility
is commonly known
to the Agency as SpringfieldIFGDS.
3.
That Respondent has owned or operated said facility at
all
times pertinent hereto.
4.
That on No~jember23,
1988, Ricky Lanham,
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—329
VIOLATIONS
On the basis of direct observation of
Ricky Lanham, 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
23, 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:
Ci)
Refuse
in standing or flowing water,
in violation
of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
lO2l(p)(l).
CIVIL PENALTY
Pursuant to Public Act 84-1320
(Iii.
Rev.
Stat.
1987,
ch.
111½,
par.
1O42(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).
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 violation 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 a
finding of violation.
If you acknowledge the violation cited hereinabove,
the civil
penalty specified above
shall
be due and payable no
later than February 15,
2
96~-330
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 casts 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
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.
.~.
Public Act 84-1320
(Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1031.1).
3
96—331
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.
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:
January 4, 1989
96-~332~
C
—
9
1989
STAlE
OF
tWNOtS
PCtUJT~ONCOI.flRO4.
BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
)
CITY OF SPRINGFIELD,
)
a municipal corporation
)
IEPA DOCKET NO.
9353—AC
of the State of Illinois,
)
Respondent
)
Affiarit, Ricky 0.
Lanham, 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 23,
1988,
between 3:25 p.m. and 4:40 p.m., Affiant
conducted an
inspection of the sanitary landfill
in Sangamon County, Illinois,
known as Springfield/FGDS Landfill,
Illinois Environmental
Protection Agency
Site No.
1678250020,
operating under IEPA Permit No.
1980-19-OP.
3.
Affiant inspected said Springfield/FGDS Landfill
site by
an
on-site inspection 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.
96-333
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,
is an
accurate representation of Affiant’s observations and factual conclusions with
respect to Springfield/FGDS Landfill.
~
Subscribed ano Sworn.~tobefore me
f.
thisL/~tday of
~
1988.
tary Public
96—334
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
v.
)
IEPA DOCKET NO.
9353-AC
)
CITY OF SPRINGFIELD,
)
a municipal corporation
)
of the State of Illinois,
)
)
Respondent.
)
FACILITY:
Springfield/FGDS
SITE CODE NO:
1678250020
COUNTY:
Sangamon
CIVIL PENALTY:
$500.00
DATE OF
INSPECTION:
November 23, 1988
DATE REMITTED:
___________________________
SIGNATURE:
________________________________
NOTE
Please eater 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—335