ILLINOIS POLLUTION CONTROL BOARD

May

5,

1988

IN THE MATTER OF:

ESG WATTS, INC.,

)

 AC 88—17

(IEPA Docket No. 8849—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a March 17,

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 ESG Watts has violated Sections 21(p)(5) and

2l(p)(12)

of

 the Act.

 The statutory penalty established

for

these violations

 is $500.00 pursuant to Section 42(b)(4)

 of the

Act.

Therefore, pursuant

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

 the Board

 finds

that ESG Watts has violated

 the provisions alleged

 in the amended

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 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 amount of $1,000.00

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 certify

 that the above Order was adopted on

the

~

day

of

 1988,

by

 a vote of

7—0

Dorothy M.’Gunn, Clerk

Illinois Pollution Control Board

89—151

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

AMENDED

ADMINISTRATIVE

CITATION

 THE RATTER OF:

)

ESG Watts,

 Inc.,

)

 PCB NO.

 AC 88-17

)

 IEPA DOCKET NO.

 8849-AC

Respondent

)

JURISDICTION

This

 Amended 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 Jiercer,

 State of Illinois.

2.

 That

 said

 facility

is

 operated

as

a

 sanitary

 landfill,

operating

 under

 Illinois

 Environmental

 Protection

 Agency

 Operating

Permit

No.

 1973-34-OP.

and

 designated

 with

 Site

 Code

No.

 1318030001.

Said facility

 is comonly known

 to the Agency as Viola/Watts Landfill.

3.

 That

 Respondent

has

 operated

 said

 facility

at

all

 times

pertinent hereto.

4.

 That

on

 January

13,

 1988, James 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.

89~152

V TOLATION S

On the

 basis

 of direct

 observation

 of James 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.

 1985,

ch.

 111½,

 par.

 1021(d),

in

a

 manner

 which

 resulted

in

the

 following

conditions:

A.

 That on January

13,

 1988 said landfill

 facility operated while

having committed the following violations:

A.1. Having uncovered refuse remaining from a previous operating

day,

 in violation of

 Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

 111½,

par. 1021(p)(5);

A.2.

 Having failed

 to collect and contain letter from the

 site

by the end of

a

 previous operating day,

 in violation of

 Ill.

Rev.

 Stat.

 1986 Supp.,

ch.

 111½,

 par.

 1O21(p)(l2).

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.2,,

for

a

 total

of

 One Thousand ($1,000.00)

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.

2

 89—153

If

you

 acknowledge

the

 violations

 cited

 hereinabove,

the

 civil

penalty

 specified

 above

 shall

be

due

and

 payable

no

 later

 than

 March

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

89—154

PROCEDURE

FOR

CONTESTING

THIS

ADMINISTRATIVE

CITATION

You

have

the

right

to

 contest

 this

 Administrative Citation.

See

Public

 Act 84-1320

 (111.

 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,

copy

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.

Richard

J.

 Carl~c~n,Director

(

Illinois Environmental Protection Agency

Date:

 March

 14, 1988

89—155

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

REMITTANCE FORM

IN THE MATTER OF:

)

ESG Watts,

 tnc.,

)

 PCB NO.

 AC 88-17

)

 IEPA DOCKET NO.

 8849-AC

Respondent

)

FACILITY:

 Viola/Watts Landfill

 SITE CODE

NO:

1318030001

COUNTY:

 Mercer

 CIVIL PENALTY:

 $1,000.00

DATE OF INSPECTION:

 January

 13, 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.

89—156

ST.ATE

ILLINOIS

)

COT.rNTY

OF

SANCANON

)

PROOF

SERVICE

the

undersigned,

oath

state

that

have

served

the

attached

MOTION

 TO AMEND ADMINISTRATIVE CITATION

upon

the

person

to

whom

directed,

placing

copy

 an envelope addressed

to:

Ms.

 Dorothy M.

 Gunn, Clerk

 Mr. Thomas

 Immel

Illinois Pollution Control Board

 Attorney at

Law

State of Illinois Center

 1118 South Sixth Street

100 West Randolph, Suite 11-500

 Springfield,

 IL 62703

Chicago,

 IL 60601

Mr.

 James

 Watts

c/a ESG Watts,

 Inc.

8400

 77th Street

West,

 Taylor Ridge,

 IL 61284

and

mailing

it

 from

Springfield, Illinois,

on

 March

19 88

with

sufficient

postage

affixed,

certified

 mail,

return

receipt

requested.

~7~L4~4

SUBSCRIBED

AND

SWORN

TO

BEFORE

this

 14th

day

of

 March

88

Notary

Public

IL 532-0772

ACM

I~t5Rev.

 6/82

89—157

OFFiCiAL SEAL

BARBARA

MCGEE

NOTARY PUOLIC.

STATE OF

lLLlNO~

MYCO~M~SS~ON

EXPIRES d..3.9

O~8-OO3