ILLINOIS POLLUTION CONTROL BOARD

December

 15, 1988

IN THE MATTER OF:

)

CHARLES WESTHOFF,

)

 AC 88—92

)

 (IEPA Docket No.

 9251—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

 the Board upon a November

9,

1988

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

 (Act)

 by the Illinois

Environmental Protection Agency (~gency).

 A copy

 of that

Administrative Citation

 js attached hereto.

 Service of the

administrative Citation was made upon Charles Westhoff on

November

5,

 1988.

 The Agency alleges that Charles Westhoff has

violated Sections 21(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.

Charles Westhoff 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 31.1(d)(1),

 the Board finds that Charles Westhoff has

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 Charles

Westhoff 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.

94—163

—2—

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

/~~day of

 1988,

 by a vote of

7-~’

Dorothy

 M. /~unn,Clerk

Illinois Póllution Control Board

94—164

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

IjJ~jj~NcN

—

1988

1 j

ADMINISTRATIVE CITATION

STATEOFftUNOS~’

POLLUTIoN

CONTROL BOA~t)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY

)

v.

)

 IEPA DOCKET NO. 9251-AC

)

CHARLES WESTHOFF,

)

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 RespondentCharles Westhoff, is the present operator

of a facility located

 in the County of Macoupin, State of

 Illinois.

2.

 That said facility is operated

as

 a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1974-58-OP, and designated with Site Code No.

 1178130001.

 Said facility

is comonly known to the Agency as Staunton/Westhoff L.F.

3.

 That Respondent has owned or operated said facility at all

times pertinent hereto.

4.

 That on September 9, 1988,

 Richard Johnson, 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.

94—165

VIOLATIONS

On the basis of direct observation of Richard Johnson, 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 September 9, 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.

 102l(p)(5).

(ii)

 Failure

 to submit reports required by permits or

Pollution Control

 Board Regulations,

 in vio1ation 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.

 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 Dollars ($1,000.00).

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

9~—

166

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 December

19, 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

94—167

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 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.

i~-

./,-~

/fL-~’

—‘-~-

‘)

Bernard

P.

 Killian, Director

Illinois Environmental Protection Agency

Date:

 November

4,

1988

94—168