ILLINOIS POLLUTION CONTROL BOARD
August
4, 1988
IN THE MATTER OF:
BERGBOWER LANDFILL,
INC.,
)
AC 88—60
)
(IEPA Docket No.
9060—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a June
21,
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 Bergbower Landfill on June
17,
1988.
The Agency alleges
that Bergbower Landfill has
violated Section 21(p)(3)
of the Act.
The statutory penalty
established
for this violation
is $500.00 pursuant
to Section
42(b)(4)
of
the Act.
Bergbower Landfill 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 Bergbower Landfill 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 ~enalty
has already
been paid, within
30 days
of the date
of
this Order Bergbower
Landfill 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.
91—217
—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. ~nn,
Clerk
Illinois Pdtlution Control Board
91—218
c~
ILLINOIS ENVIRONMENTAL
PROTECTION AGE!~C~’
;L.J
2
ADMINISTRATIVE CITATION
IN THE
MATTER
OF:
)
,O~.~E-~
Bergbower Landfill,
Inc.
)
IEPA DOCKET NO. 9060-AC
a corporation
)
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority
vested
in the Illinois
Environmental Protection Agency by Public Act
84—1320 (Iii.
Rev.
Stat.
1986,
Supp.,
ch.
111½, par.
1031.1).
FACTS
1.
That Respondent is the present operator of a facility located
in the County of Jasper, State of
Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1976-19-OP.
and designated with Site Code No. 079 809 0002.
Said facility
is conuionly known
to the Agency as Newton/Bergbower.
3.
That Respondent has operated said facility at
all
times pertinent
hereto.
4.
That on April
22,
1988, S.Dale Elenberger, 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.
91—2 19
VIOLATIONS
On the basis of direct observation of
S.
Dale Elenberger, 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:
A.
That on April
22,
1988 said landfill facility operated
in
a manner
which resulted in leachate flows exiting the landfill confines,
in violation of
Ill.
Rev.
Stat.
1987 ch.
111½,
par. 1O21(p)(3).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. 1042(b)(4)),
Respondent herein
is subject to a civil
penalty
of Five Hundred Dollars
($500.00) for the violation specified above.
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
hearing, 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 for a finding of violation.
2
91—220
If you acknowledge the violation cited hereinabove,
the civil
penalty specified above shall
be due and payable no later than
July 29,
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
91—221
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~
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
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.
Date:
June
16, 1988
WS:kh
Illinois Environmental
91—222