ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1988
    IN THE MATTER OF:
    CITY OF BELVIDERE,
    )
    AC 88-82
    )
    (IEPA Docket No. 9134—AC)
    Respondent.
    )
    ORDER OF THE BOARD:
    This matter comes before the Board upon an August
    16,
    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
    August 15,
    1988.
    The Agency alleges that the City of Belvidere
    has violated Section 2l(p)(5) 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 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 3l.l(d)(2)
    of the Act.
    Therefore,
    pursuant
    to Section 31.1(d)(l),
    the Board finds
    that the City of Belvidere
    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
    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 $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.
    93—65

    —2—
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Boar~1,hereby certif
    th,~tthe above Order was adopted on the
    ~
    day of
    ,
    1988, by
    a vote of_7”
    *
    Dorothy M.4unn, Clerk
    Illinois Póllution Control Board
    93—6 6

    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGF
    ~
    AUG
    I
    6t9~
    th~
    ADMINISTRATIVE
    CITATION
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    ~
    v.
    )
    IEPA DOCKET NO. 9134-AC
    CITY OF BELVIDERE
    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 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 June
    21,
    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.
    93—67

    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 June 21, 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.
    l021(p)(5).
    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 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 vio’ation 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.
    9~—68

    If you acknowledge the violations cited hereinabove,
    the civil
    penalty specified above shall
    be due and payable
    no later than September
    20,
    1988.
    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.
    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
    93—69

    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    ~
    Public Act 84—1320 (111.
    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.
    :
    ~
    ~
    0
    /
    Bernard
    P.
    Killian, Acting Director
    Illinois Environmental Protection Agency
    Date:
    August
    12, 1988
    4
    93—70

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