ILLINOIS POLLUTION CONTROL BOARD

September

8,

1988

IN THE MATTER OF:

JAMES

L. WATTS,

)

AC 88-50

(IEPA Docket No. 8989—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

the Board upon

a July 11,

1988

filing of an amended 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 amended Administrative Citation

is attached hereto.

The

Agency alleges

that James

L. Watts has violated Section 2l(p)(S)

of the Act.

The statutory penalty established for this violation

is $500.00 pursuant

to Section 42(b)(4) of the Act.

Therefore, pursuant

to Section 3l.1(d)(l),

the Board

finds

that James

L. Watts has violated the provision alleged

in the

amended 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 James L.

Watts 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,

Illinois

62706

IT

IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certi~~ythat the above Order was adopted on the

~

day of

~

,

1988,

by a vote

of

T~C

~,

~~t_/

~

/~

~

Dorothy M. Gónn,

Clerk

Illinois Po~tlutionControl Board

92-191

---

U

JUL

I

I

J988

~

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENC

AMENDED ADMINISTRATIVE CITATION

IN THE MATTER

OF:

)

)

PCB DOCKET NO.

AC 88-50

JAMES

L.

WATTS

)

IEPA DOCKET NO. 8989-AC

Respondent.

)

JURISDICTION

This Administrative Citation is issued pursuant to the authority

vested

in

the

Illinois Environmental

Protection Agency by Public Act

84-1320 (Ill.

Rev.

Stat.

1986,

Supp.,

ch.

111½, par.

1031.1).

FACTS

1.

That Respondent

is the present owner

and/or operator of

a

facility located in

the County

of Sangamon, State of

Illinois.

2.

That said facility is operated as

a sanitary landfill, operating

under

Illinois Environmental Protection Agency Operating Permit

No.

l98O-2~-0P,and designated with Site Code No.

1678220037.

Said facility

is commonly known

to the Agency as Sangamon Valley Landfill.

3.

That Respondent has owned and/or operated ~saidfacility.at

all

times pertinent

hereto.

4.

That on April

8,

1988, Ricky

Lanharn, 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.

92—192

---

VIOLATIONS

On the basis of direct observation of Ricky Lanham,

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.

1985,

ch.

111½,

par.

1021(d), in

a manner which

resulted in the following

conditions:

That on April

8,

1988 inspection of said sanitary landfill facility

disclosed

the following:

A.

Uncovered

refuse

remaining from

a previous operating day,

in violation of

Illinois

Rev.

Stat.

1986 Supp.,

ch.

111½, par. lO2l(p)(5).

CIVIL PENALTY

Pursuant to

Public Act 84-1320 (Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. lO42(b)(4)),

Respondent herein

is subject to

a civil

penalty

of Five Hundred Dollars ($500.00)

for the violation specified above

in Paragraphs

A.

Additionally, should you elect

to petition the

Illinois

Pollution Control

Board under the review process described hereinbelow,

and

if there

is

a finding of the violation alleged herein,

after an

adjudicatory h~earing,you 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.

If you acknowledge the violation cited hereinabove,

the civil

penalty specified above shall

be due and payable

no later than July

20,

198E..

If you do not petition the Illinois Pollution Control Board

2

92—193

---

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.

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation.

See

Public Act 84—1320

(Ill.

Rev.

Stat.

1986 Supp.,

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

92—l~)4~

---

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.

/

Bernard P.Killian, Acting Director

Illinois Environmental

Protection Agency

Date:

July

1, 1988

4

92—195

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

REMITTANCE FORM

IN THE MATTER

OF:

)

JAMES WATTS

)

IEPA DOCKET NO. 8989-AC

)

Respondent.

)

FACILITY:

Sangamon Valley Landfill

SITE CODE NO:

1678220037

COUNTY:

Sangamon

CIVIL PENALTY:

$500.00

DATE OF INSPECTION:

April

8,

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.

92—196

---

STATE

OF

ILLINOIS

)

)

COUNTY

OF SANGAMON

)

PROOF OF SERVICE

I,

the undersigned, on oath state that

I have served the attached

MOTION AND AMENDED ADMTNTSTPATTVF ~TTATTON

upon the person

to

whom

it

is directed,

by placing a copy

in

an envelope addressed

to:

Dorothy Gunn,

Clerk

James

L. Watts

Pollution Control

Board

1830 Second Avenue

100 W.

Randolph, Suite 11-500

Rock Island,

IL

61201

Chicago, Illinois

60601

Thomas

J.

Irnrrel

Attorney

at Law

1118

S.

6th Street

Springfield,

IL

62703

and mailing it from Springfield, Illinois,

on

July 5

19

88, with sufficient postage affixed, certified mail,

return receipt

requested.

SUBSCRIBED

AND

SWORN

TO

BEFORE

ME

this

~

day ~

,

____

Notary Public

..,

0~j~5~AL

K. MCGEE

*

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CCMM~55t~~~

EXP~R~S

4-i39~

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Re.

6/82

92—197