ILLINOIS POLLUTION CONTROL BOARD
February
23,
1989
IN THE MATTER OF:
)
STEVE LOVEALL,
)
AC 89-9
)
(IEPA Docket No. 9360—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 Steve Loveall on January
9,
1989.
The Agency alleges that Steve Loveall has violated
Sections 2l(p)(5),
21(p)(l2),
21(p)(l),
21(p)(ll),
21(p)(ll)
and
21(p) (11)
of
the
Act.
The statutory penalty established
for each
of these violations
is $500.00 pursuant
to Section 42(b)(4) of
the Act.
Steve Loveall 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 3l.l(d)(2)
of the Act.
Therefore, pursuant
to
Section 31.1(d)(1),
the Board
finds
that Steve Loveall has
violated each and every provision alleged
in the Administrative
Citation.
Since
there
are six
(6)
such violations,
the total
penalty
to be imposed
is set at $3,000.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within
30 days of
the date of this Order Steve Loveall
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 $3,000.00
which
is to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill
Road
Springfield,
IL 62706
IT
IS SO ORDERED.
96—389
—2—
I,
Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
that the above Order was adopted on the
________
of
,
1989, by a vote of
7~
~
2~-/
Dorothy
M. G~’n,Cleri~
Illinois PoJj~utionControl Board
96—390
U
JAN
-
9
ILLINOIS ENVIRONMENTAL PROTECTION AGENC(
SL1:~~
POIJJT’’i
~
~‘~()
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY
)
,i~
~
v.
)
IEPA DOCKET
NO. 9360-AC
)
STEVE LOVEALL,
)
)
Respondent.
)
JUICTION
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 Moultrie, State of
Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit No.
1974-87-OP,
and designated with Site Code No. 1390300001.
Said facility
is commonly known
to the Agency as Sullivan/Loveall
L.F.
3.
That Respondent has owned or operated said facility at all
times pertinent hereto.
4.
That on November
17,
1988, Karen Nelson, 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—391
VIOLATIONS
On the basis of direct observation of Karen Nelson,
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 17,
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.
1021(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.
lO2l(p)(l2).
(iii)
Refuse
in standing or flowing water,
in violation of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
lO2l(p)(l).
(iv)
Failure to submit financial assurance documents required
by
35
Ill.
Adm. Code 807.601(b) and 807.602(b),
in violation
of Ill.
Rev.
Stat.
1987,
ch.
111½,
par. lO2l(p)(ll).
(v)
Failure to file application
to modify the site permit
to include closure and post-closure care plans and cost
est~matesby March
1,
1988 as required by
35
Ill.
Adrn.
Code 807.624(a), thereby operating in violation of
Ill.
Rev.
Stat.
1987,
ch.
111½,
par. l021(p)(ll).
2
96—392
(vi)
Failure
to submit
to the Agency an application for “prior
conduct certification” for
a designated chief operator
as required by 35
Ill.
Adrn.
Code 745.126, 745.127, 745.181
and 754.201, thereby operating
in violation of
Ill.
Rev.
Stat.
1987,
ch.
111½, par.
lO2l(p)(ll).
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 each violation specified above
in
Paragraphs A(i) through A(vi),
for a total
of Three Thousand Dollars
($3,000.00).
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
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 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 judg~ientrendered 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
96—393
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.
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
4
96—324
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.
~
~
Bérnard
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
5
96—395
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER
OF:
)
STEVE LOVEALL,
)
IEPA DOCKET NO.
9360-AC
Respondent
)
Affiant,
Karen
S.
Nelson, 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
17,
1988,
between 7:00 a.m. and 9:10 a.m., Affiant
conducted an
inspection of the sanitary landfill
in Moultrie County,
Illinois,
known
as Sullivan/Loveall
Landfill, Illinois Environmental Protection Agency
Site No.
LPC 1390300001,
operating under
IEPA Permit No.
74—87-OP.
3.
Affiant inspected said Sullivan/Loveall 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—397
5.
As
a result of the activities referred
to
in Paragraphs
3 and
4
above, Affjant 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 Sullivan/Loveall
Landfill.
Subscribed and Sworn
to before me
r
P
this
~i
-‘j’
day
Of/L~Q1~r~’..2LL~
1988.
A
-t~
~
Not~ryPublic
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
v.
)
IEPA DOCKET NO. 9360-AC
)
STEVE LOVEALL,
)
Respondent.
)
FACILITY:
Sullivan/Loveall L.F.
SITE CODE NO:
1390300001
COUNTY:
Moultrie
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
November 17, 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—399