ILLINOIS POLLUTION CONTROL BOARD
October
6,
1988
IN THE MATTER OF:
)
)
CITY OF KEWANEE,
)
AC 88-84
)
(IEPA Docket No.
9136—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 Kewanee on
August
15,
1988.
The Agency alleges that the City
of Kewanee has
violated Sections 2l(p)(5) and 2l(p)(ll) of the Act.
The
statutory penalty established
for each of these violations
is
$500.00 pursuant to Section 42(b)(4)
of the Act.
The City
of Kewanee 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.l(d)(l),
the Board finds that the City of Kewanee
violated each and every provision alleged
in the Administrative
Citation.
Since
there are two (2)
such violations,
the total
penalty to be imposed
is set at $1,000.00.
It
is hereby ordered
that,
unless
the penalty has already
been paid,
within
30 days
of the date
of this Order the City of
Kewanee 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 $1,000.00 which
is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
93—7 1
—2—
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board
hereby certify t~t the above Order was adopted on the
________day of
,
1988, by a vote of
~
Dorothy M. ,~nn,Clerk
Illinois P6~11utionControl Board
93—72
L~AUGf6~88
~
ILLINOIS ENVIRONMENTAL PROTECTION AGE~~
~TATcfttI~s
J
POtttJTiON
CON1~O1B0AR~
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
~
((-4?’
v.
)
IEPA DOCKET NO.
9136-AC
)
CITY OF KEWANEE
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 owner/operator of a facility
located
in
the County of Henry, State of
Illinois.
2.
That said facility
is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1974-56-OP, and designated with Site Code No.
0730650001.
Said facility
is comonly known
to the Agency as
Kewanee Municipal.
3.
That Respondent has
owned or operated said facility at
all
times pertinent hereto.
4.
That on June 21,
1988,
James Jones,
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—7 3
V10LATIONS
On the basis of direct observation of James
Jones, 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.
lO2l(p)(5).
(ii)
Failure
to submit reports required by permits or
Pollution Control
Board Regulations,
in violation
of Ill.
Rev. Stat., 1987,
ch.
111½, par. 102l(p)(ll).
CIVIL PENALTY
Pursuant
to Public Act 84—1320
(Iii.
Rev.
Stat.
1987,
ch.
111½,
par. l042(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) and
(ii), for
a total of One Thousand ($1,000.00) Dollars.
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
9~—74
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 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
3
93—7
5
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).
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
Environniental
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, Acting Director
Illinois Environmental
Protection Agency
Date:
August
12,
1988
4
93—Th