ILLINOIS POLLUTION CONTROL BOARD
    August
    4,
    1988
    IN THE MATTER OF:
    )
    NOBEL RISLEY,
    )
    AC 88—66
    (IEPA Docket No. 9073—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a June
    27, 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 Nobel Risley on June
    27,
    1988.
    The Agency alleges
    that Nobel Risley has violated Sections
    2l(p)(5),
    2l(p)(l2),
    2l(p)(8),
    21(p)(7),
    21(p)(9)
    and 21(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.
    Nobel Risley 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 Nobel Risley has
    violated each and every
    provision alleged
    in the Administrative
    Citation.
    Since
    there are six
    (6) such violations,
    the total
    penalty
    to be imposed
    is set at $3,000.00.
    It
    is hereby ordered
    that, unless the penalty has already
    been paid, within
    30 days
    of the date
    of
    this Order Nobel Risley
    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 $3,000.00
    which
    is
    to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT
    IS SO ORDERED.
    91—247

    —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—~
    ~7.__
    Dorothy M./~unn, Clerk
    Illinois ~állution
    Control Board
    91—248

    ~7E~
    ILLINOIS
    ENVIRONMENTAL PROTECTION AGEN~.k
    JUN
    2
    T
    1988
    ADMINISTRATIVE CITATION
    .
    UF
    a~o;
    ~___~~
    tlJfl~:!
    ~
    ~
    IN THE MATTER OF:
    ~
    ~2~7_~
    Nobel
    Risley
    )
    IEPA DOCKET NO.
    9073—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 operator of a facility located
    in the County of Franklin, State of
    Illinois.
    2.
    That said facility
    is operated as
    a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit
    No.
    1980-21-OP. and designated with Site Code No. 055 802 0005.
    Said facility
    is comonly known
    to the Agency as Risley No.
    2.
    3.
    That Respondent has operated said facility at
    all
    times pertinent
    hereto.
    4.
    That on May 3,
    1988, Gerald Steele,
    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.
    9
    1—249

    VIOLATIONS
    On
    the basis
    of direct observation of Gerald Steele,
    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.
    On May
    3,
    1988 inspection of said sanitary landfill facility
    disclosed the following:
    (i)
    Uncovered refuse remaining from
    a previous operating
    day,
    in violation of
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1021
    (p)
    (5).
    (ii)
    Failure
    to collect and contain litter from the
    site by
    the end of a previous operating day, in
    violation of
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par.
    1021
    (p)
    (12).
    (iii)
    Causing or allowing scavenging operations,
    in violation
    of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par.
    1021
    (p) (8).
    (iv)
    Acceptance of wastes without necessary permits,
    in violation
    of Ill.
    Rev. Stat.
    1987,
    ch.
    111½, par.
    1021
    (p)
    (7).
    (v)
    Deposition of refuse in
    an unpermitted portion of the
    landfill,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1021
    (p)
    (9).
    (vi)
    Failure to submit reports
    to
    the Illinois Environmental
    Protection Agency as
    required by permits or Pollution
    Control Board
    Regulations,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par. 1021
    (p)
    (11).
    2
    91—250

    CIVIL PENALTY
    Pursuant to Public Act 84-1320
    (Ill.
    Rev.
    Stat.
    1986 Supp.,
    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) through A(vi), for
    a
    total
    of Three Thousand ($3,000.00)
    Dollars.
    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 violations 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 each finding of violation.
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty specified above shall
    be due and payable no later than August
    3,
    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.
    3
    91—251

    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.
    ,~
    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
    4
    91—252

    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.
    Bernie
    Killian, Acting Directo/~...~./
    Illinois Environmental
    Proteqtion Agency
    Date:
    June 23,
    1988
    5
    91—253

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