ILLINOIS POLLUTION CONTROL BOARD
February 23, 1989
IN THE MATTER OF:
KROHN DEVELOPMENT CORPORATION,
)
AC 89-7
(IEPA Docket No. 9358—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
Krohn Development
Corporation on January 12,
1989.
The Agency alleges that Krohn
Development Corporation has violated Section
2l(p)(7)
of the
Act.
The statutory penalty established for this violation
is
$500.00 pursuant
to Section 42(b)(4) of the Act.
Krohn Development Corporation 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.l(d)(1),
the Board
finds
that Krohn
Development Corporation 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 Krohn
Development Corporation 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.
96—369
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board
F~erebycertify
at the above Order was adopted on the
_________day of
,
1989,
by a vote of
7—°
Dorothy M. gunn, Clerk
Illinois P&llutiori Control Board
96—370
ILLINOIS ENVIRONMENTAL PROTECTION AGENt)1
~J
c
—
9
1989
I~
ADMINISTRATIVE CITATION
I
SiATr
01
w1~G!s
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
,de~7
v.
)
IEPA DOCKET NO. 9358-AC
KROHN DEVELOPMENT CORP.
)
an
Illinois corporation,
)
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 Cook, State of Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit No.
l973-68—OP,
and designated with Site Code No.
0311020001.
Said facility
is comonly known to the Agency as
Krohn Landfill.
3.
That Respondent has owned or operated said facility at
all
times pertinent hereto.
4.
That on November
28, 1988,
Donna Czech, of the Illinois Environmental
Protection Agency, inspected the above—described
landfill
facility.
A copy of the
inspection report setting forth the resu1ts of such inspection
is attached hereto and made
a part hereof.
96—371
VIOLATIONS
On the basis of direct observation of Donna Czech,
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
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)
Acceptance of wastes without necessary permits,
in violation
of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
lO2l(p)(7).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (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).
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.
96_3722
If you acknowledge the violation cited hereinabove, the civil
penalty specified above
shall
be due and payable no later than February
21,
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.
Furtherniore,
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 w4ll seek to recover their costs of litigation.
3
96—373
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest ~thisAdministrative 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 Churchill Road
P.O.
Box 19276
Springfield,
IL
62794-9276
(217)782-5544
Date:
January 5, 1989
4
96—374
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
)
KROHN DEVELOPMENT CORP.
)
an Illinois corporation,
)
IEPA DOCKET NO.
9358—AC
)
)
Respondent.
)
Affiant, Donna
J. Czech,
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 28,
1988,
between 9:15 AN and 10:15 AN, Affiant
conducted an inspection of the sanitary landfill
in Cook County,
Illinois,
known
as Glenview—Krohn Landfill, Illinois Environmental
Protection Agency Site No.
0311020001, operating under IEPA Permit
No.
1973—68—OP.
3.
Affiant
inspected said Glenview-Krohn Landfill site by an
on—site inspection which included walking the site and interviewing
personnel.
4.
Before and/crr 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—375
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 said
Glenview-Krohn Landfill.
Subscribed and Sworn to before me
2956B
Y~2t~’
~
(?~~ki~
,
1988.
Notary Public
96—376
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
v.
)
IEPA DOCKET NO.
9358-AC
)
KROHN DEVELOPMENT CORP.
)
an
Illinois corporation,
)
)
Respondent.
)
FACILITY:
Krohn Landfill
SITE CODE NO:
0311020001
COUNTY:
Cook
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
November 28, 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—37 7