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