ILLINOIS
POLLUTION CONTROL BOARD
January
19,
1989
IN THE MATTER OF:
)
ESG WATTS,
INC.,
)
AC 88-112
IEPA Docket
No.
9306—AC)
Respondent.
)
ORDER
OF
THE BOARD:
This matter
comes before the
Board
upon
a December
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 (Agency).
A copy of
that
Administrative Citation
is
attached
hereto.
Service
of the
Administrative Citation was made
upon
ESG Watts
on
December
8,
1988.
The Agency alleges
that
ESG Watts
has
violated Section
21(p)(5)
of the Act.
The statutory penalty established
for this
violation
is
$500.00 pursuant
to Section 42(b)(4)
of
the
Act.
ESG Watts
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
ESG Watts
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 penalty
has
already
been paid,
within
30 days
of
the date of
this
Order
ESG 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
anount
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.
95—36~
—2-
I,
Dorothy
M.
Board,
hereby
cert
/~-~
day of
Gunn
,
Clerk
of
the
Illinois Pollution Control
ify~thatthe
above Order
was adopted
on the
_______________________,
1989,
by
a vote
of
7—c’
Ill inoi s~~‘ol
1 ut
on Control
Board
95—37n
:~‘1
lL~
~1
DEC
—
9 ~
J~\L
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
PC~JT~
~
132~RO
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
b/~~
v.
)
IEPA DOCKET NO. 9306-AC
ESG WATTS,
INC.
)
a corporation,
)
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
I.
That Respondent
is the present operator of
a facility located
in the County of Rock Island,
State
of
Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1972-72-OP, and designated with Site Code
No.
1618000001.
Said facility
is comonly known
to the Agency as Andalusia/Watts L.F.
3.
That Respondent has owned or operated said facility at all
times pertinent hereto.
4.
That on October 13,
1988, James
J. Jones,
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.
95—371
VIOLATIONS
On the basis of direct observation of James
J. Jones, 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 October 13,
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.
lO2l(p)(5).
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 the violation specified above
in
Paragraph A(i).
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 violation alleged herein,
after an adjudicatory hearing, Respondent 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.
2
95—37
2
If you acknowledge the violation cited hereinabove,
the civil
penalty specified above shall
be due and payable no later than January
17,
1989.
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
95.373
.~ROCEDUREFOR 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.
1
-~
“
-,
,/_/t,~,
/.
;a/~~
~ernardP.
Killian, Director ‘~‘‘,f~~
Illinois Environmental
Protection Agency
Prepared by:
William Seltzer
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box 19276
Springfield,
IL
62794-9276
(217)782—5544
Date:
December 6, 1988
4 95—374