ILLINOIS POLLUTION CONTROL BOARD
September
8,
1988
IN THE MATTER OF:
GORDON MONTGOMERY and KENNETH
)
AC 88—78
EINSWEILER,
)
(IEPA Docket No.
9105—AC)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon a July 29,
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 Gordon Montgomery and
Kenneth Einsweiler on July
29,
1988.
The Agency alleges
that
Gordon Montgomery and Kenneth Einsweiler
has violated Sections
2l(p)(5)
and 2l(p)(l2)
of
the Act.
The statutory penalty
established
for each of
these violations
is $500.00 pursuant
to
Section 42(b)(4)
of the Act.
Gordon Montgomery and Kenneth Einsweiler 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.l(d)(2)
of the
Act.
Therefore, pursuant
to Section
3l.1(d)(l),
the Board finds
that Gordon Montgomery and Kenneth Einsweiler 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 Gordon
Montgomery and Kenneth Einsweiler
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.
92—209
—2—
I,
Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board4 hereby certify that the above Order was
adopted on the
Y~
day
of
,
1988,
by a vote of
7—b
~
Dorothy ~~~‘7Gunn,Clerk
I11inois~’ollution Control Board
92—210
JJL29~8a
ILLINOIS
EflVIRONMENTAL PROTECTION
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
~
f~.7I
v.
)
IEPA DOCKET NO.
9105-AC
GORDON MONTGOMERY and
)
KENNETH EINSWEILER
)
Respondents.
)
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 Respondents
are the present owner or operator of
a facility
located
in the County of Jo Daviess, State of
Illinois.
2.
That
said facility is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
l974—8-OP, and designated with Site Code
No. 0850200004.
Said facility
is comonly known
to the Agency
as Galena/Montgomery.
3.
That Respondents have owned or operated said facility at
all
times pertinent hereto.
4.
That on June 14,
1988,
Jack Hoizer,
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—211
VIOLATIONS
On
the basis of direct observation of Jack Holzer,
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 14,
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 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).
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(j) and A(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
2
92—212
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 September
5,
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
92—2 13
civil
penalty, and hearing costs
of the Illinois Environmental
Protection
Agency and
the
Illinois Pollution Control
Board,
if any;
the Attorney
General~sOffice 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 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,
F?..O.
Box 19276,
Springfield,
Illinois
62794—9276, Attention:
Enforcement Services.
/ /~
/
/
/
T~’~/~
~
~
~ernardP.
Killian, Acting Director ~
Illinois Environmental
Protection AgEncy
Date:
July 27, 1988
4
92—214