ILLINOIS POLLUTION CONTROL BOARD
June 16, 1988
IN THE MATTER OF:
JAMES ESAREY,
)
AC 88—41
(IEPA Docket No. 8966—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a May 11, 1988
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act (Act) by the Illinois
Environmental Protection Agency (7~gency). A copy of that
Administrative Citation is attached hereto. Service of the
Administrative Citation was made upon James Esarey on May 9,
1988. The Agency alleges that James Esarey has violated Sections
21(p)(5), 21(p)(ll), 21(p)(ll) 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.
James Esarey 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 3l.1(d)(2) of the Act. Therefore, pursuant to
Section 31.l(d)(l), the Board finds that James Esarey has
violated each and every provision alleged in the Administrative
Citation. Since there are four (4) such violations, the total
penalty to be imposed is set at $2,000.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order James Esarey
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 $2,000.00
which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
IT IS SO ORDERED.
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235
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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
~
Illino
on Control Board
90—236
ILLINOIS ENVIRONMENTAL PROTECTION
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
)
James Esarey,
)
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, James Esarey, is the present operator of
a facility located in the County of Greene, State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under illinois Environmental Protection Agency Operating
Permit No. 1974-90-OP, and designated with Site Code No. 0618070001.
Said faciLity is commonly known to the Agency as Roodhouse/Esarey.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on April 8, 1988, Richard Johnson, 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.
IEPA DOCKET NO. 8966-AC
90—237
VIOLATIONS
On the basis of direct observation of Richard Johnson, the Iflinois
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 April 8, 1988, said landfill had uncovered refuse remaining
from a previous operating day, in violation of Ill. Rev. Stat.
1986 Supp., ch. 111½, par. lO2l(p)(5).
B. By April 8, 1988, said landfill had failed to submit the required
water monitoring report for the January 15, 1988 quarter for Birch
Creek, thereby violating Special Condition 1 of permit 1974—90-OP
and Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1021(p)(11).
C. By April 8, 1988, said landfill had failed to submit a closure
and post-closure plan, in violation of 35 Ill. Adm. Code 807.624
and Ill. Rev. Stat. 1988, ch. 111½, par. 102l(p)(ll).
0. By April 8, 1988, said landfill had failed to submit an update
of its financial assurance mechanism, in violation of 35 Ill.
Adm. Code 807.623 and Ill. Rev. Stat. 1986, ch. 111½, par. 1O21(p)(ll).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.
111½, par. 1O42(b)(4)), Respondent herein is subject to a civil penalty
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraphs A through 0, for a total of two thousand ($2,000.00)
dollars. Additionally, should you elect to petition the Illinois
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90—238
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 June
14, 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
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90—239
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. See
Public Act 84—1320 (Iii. 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.
BernarciP.
t~-~~
Killian,
~
Acti~jDirector
Illinois Environmental Protection Agency
Date: May 6, 1988
rcg:A-05
90—240