ILLINOIS POLLUTION CONTROL BOARD
    February
    23, 1989
    IN THE MATTER OF:
    )
    JOHN BLICKHAN,
    )
    AC 89—8
    (IEPA Docket No. 9359—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 (1~ct) by the Illinois
    Environmental Protection Agency (Agency).
    A copy of that
    Administrative Citation is attached hereto.
    Service
    of the
    Administrative Citation was made upon John Blickhan on January
    6,
    1989.
    The Agency alleges
    that John Blickhan has violated Section
    21(p)(5) of the Act.
    The statutory penalty established
    for this
    violation
    is $500.00 pursuant to Section 42(b)(4)
    of the Act.
    John
    Blickhan 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.l(d)(2)
    of the Act.
    Therefore, pursuant
    to
    Section 3l.l(d)(l),
    the Board
    finds that John Blickhan 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 John Blickhan
    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.
    6— 379

    —2—
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    above Order
    was
    adopted
    on
    the
    e eby cert
    __________
    of
    ,
    1989,
    by a vote of
    7~0
    Dorothy
    M.
    ,~‘unn,Clerk
    Illinois
    Pá~tlution
    Control
    Board
    96—380

    ILLINOIS ENVIRONMENTAL PROTECTION
    Al
    :~t
    JN~i-9989~l~
    ADMINISTRATIVE CITATION
    ~
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    ~
    A~
    ~
    v.
    )
    I~’A
    DOCKET NO. 9359-AC
    JOHN BLICKHAN,
    )
    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 Adams,
    State of
    Illinois.
    2.
    That said facility is operated as
    a sanitary landfill, operating
    under
    Illinois Environmental Protection Agency Operating Permit No.
    l974—7O—OP,
    and designated with Site Code No.
    0010650002.
    Said facility
    is comonly known
    to the Agency as Quincy/Blickhan.
    3.
    That Respondent has owned or operated said facility at
    all
    times pertinent hereto.
    4.
    That on November 16,
    1988,
    Clifford Wheeler, 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—331

    VIOLATIONS
    On
    the basis of direct observation of Clifford Wheeler,
    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 16,
    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)
    Uncovered refuse remaining from a previous operating
    day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    lO2l(p)(5).
    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 theviolation 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.
    2
    96—382

    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 ad~judicatoryhearing,
    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.
    3
    96—383

    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.
    -.
    -1/’-
    ii
    -~-?~
    ~-
    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, ~989
    96384~

    ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY
    AFFIDAVIT
    IN THE MATTER
    OF:
    JEPA DOCKET NO.
    9359-AC
    JOHN BLICKHAN,
    )
    Respondent
    )
    Affiant, Clifford Wheeler,
    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 16,
    1988,
    between 7:05 a.m.
    and 8:30 a.m., Affiant
    conducted an
    inspection of the sanitary landfill
    in Adams County,
    Illinois,
    known
    as Quincy/Blickhan Landfill,
    Illinois Environmental
    Protection Agency
    Site No. 0010650002, operating under
    IEPA Permit No.
    1974-70—OP.
    3.
    Affiant inspected said Quincy/Blickhan 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—385

    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 Quincy/Blickhan Landfill.
    c6~.Jz
    ~Jk4~
    Subscribed ano Swor
    to before me
    this~.-’dayof
    ______________
    1988.
    otary Public
    ~-.336

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    REMITTANCE FORM
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    )
    v.
    )
    IEPA
    DOCKET NO.
    9359-AC
    )
    JOHN
    BLICKHAN,
    )
    )
    Respondent.
    )
    FACILITY:
    Quincy/Blickhan
    SITE CODE NO:
    0010650002
    COUNTY:
    Adams
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    November 16,
    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—387

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