ILLINOIS POLLUTION CONTROL BOARD
    August
    18,
    1988
    IN THE MATTER OF:
    CITY OF FREEPORT,
    )
    AC 88—70
    (IEPA Docket
    No,.
    9090—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a July 14,
    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 the City
    of Freeport on
    July 11, 1988.
    The Agency alleges
    that the City of Freeport has
    violated Section 2l(p)(5)
    of the Act.
    The statutory penalty
    established
    for this violation
    is $500.00 pursuant to Section
    42(b)(4)
    of
    the Act.
    The City of Freeport 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 31.l(d)(l),
    the Board finds that
    the City of Freeport
    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
    the City of
    Freeport 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 pena~ltyin 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—409

    —2—
    I,
    Dorothy
    M.
    Gunn, Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    /f’~
    day of
    ,
    1988,
    by
    a vote of ~
    Dorothy M.
    G
    n, Clerk
    Illinois Pollution Control Board
    91—410

    JUL 141988ffiJ
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGE
    -
    $TTEOFftUNOIS
    POlLUTION
    C0~TROlBOARD
    ADMINISTRATIVE CITATION
    IN
    THE
    MATTER OF:
    ~
    CITY OF
    FREEPORT,
    )
    c~A
    NO. 9090-AC
    a municipal corporation
    of the State of Illinois,
    Respondent.
    JUSDICTION
    This Administrative Citation
    is issued
    pursuant to the authority
    vested
    in the
    Illinois Environmental
    Protection Agency by Public Act
    84—1320 (111.
    Rev.
    Stat.
    1986,
    Supp.
    ,
    ch.
    111½, par.
    1031.1).
    FACTS
    1.
    That Respondent, City of Freeport,
    is the present operator
    of
    a facility located
    in the County of Stephenson, State of
    Illinois.
    2.
    That said facility
    is operated
    as
    a sanitary landfill, operating
    under
    Illinois Environmental Protection Agency Operating Permit No.
    1986-lO-OP, and designated with Site Code No.
    1770200015.
    Said facility
    is commonly known
    to the Agency as
    Freeport/Muni
    #4.
    3.
    That Respondent has operated
    said facility at
    all
    times pertinent
    hereto.
    4.
    That on May 27,
    1988,
    Jack Holzer,
    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—411

    VIOLATIONS
    On
    the basis of direct observation of Jack Hoizer,
    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 27, 1988,
    said landfill
    had uncovered refuse remaining
    from
    a
    previous operating day,
    in violation of
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    111½,
    par.
    l021(p)(5).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320
    (111.
    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 each violation specified above
    in Paragraph A,
    for
    a
    total
    of Five Hundred ($500.00) 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 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 each finding of violation.
    2
    91—412

    If you acknowledge the violations cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable
    no
    later than August
    16,
    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—g276.
    Also, please complete and return
    the enclosed Remittance Form, along
    with your payment,
    to assure proper docutrentation of payment.
    If any civil
    penalty, by reason of ackncwledgment, 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
    upor. 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 ~illseek to recover their costs of litigation.
    3
    91—413

    PROCEDURE
    FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    See
    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.
    ?L~
    ernard
    P.
    Killian, Acting Director
    Illinois Environmental Protection Agency
    Date:
    July 8, 1988
    4
    91—414

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