ILLINOIS POLLUTION CONTROL BOARD

June 16, 1988

IN THE MATTER OF:

ENVIRONTECH, INC.,        

)

AC 88—43

(IEPA Docket No. 8968—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 (Agency). A copy of that

Administrative Citation is attached hereto. Service of the

Administrative Citation was made upon Environtech, Inc. on May 9,

1988. The Agency alleges that Environtech, Inc. 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.

Environtech, Inc. 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 3l.l(d)(l), the Board finds that Environtech, Inc. 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 Environtech,

Inc. 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 $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.

90—247

—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

/c~~

day of             

1988, by a vote of 

Dorothy M.~,/Gunn, Clerk

Illinois 1~ollution Control Board

90—248

ILLINOIS ENVIRONMENTAL PROTECTION AGENj~V)~

DD~~

MAY I I p988

/\DMINISTRATIVE CITATION

I~STATr~I.It_JL_)

U11ON

CONTROL

BOAR!)

IN THE MATTER OF:

)

1f—~s~3

Environtech, Inc.,

) IEPA DOCKET NO.

8968-AC

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, Environtech, Inc., is the present  operator

of a facility located in the County of Grundy, State of Illinois.

2.  That said facility is operated as a sanitary landfill,

operating under Illinois Environmental Protection Agency Operating

Permit No. 1986-05—OF’, and designated with Site Code No. 0638140002.

Said facility is commonly known to the Agency as Environ/Tech Landfill.

3.  That Respondent has operated said facility at all times

pertinent hereto.

4.  That on April 18, 1988, Charles Gruntman, Thomas J. McNulty,

Donna Czech, and Carol Graszer, 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.

90—249

VIOLATIONS

On the basis of direct observation of Charles, Gruntman, Thomas

3. McNulty, Donna Czech and Carol Graszer, 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 April 18, 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).

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 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 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.

90—250

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

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

90—251

PROCEDURE FOR CONTESTING THIS

AD~1INISTRATIVE

CITATION

You have the right to contest

this Administrative Citation. 

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 Cftation, 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.

~

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( /J’/~.~.

Bernard P. Killian, Acting Director

Illinois Environmental Protection Agency

Date: May 6, 1988

rcg :A—05

90—252