ILLINOIS POLLUTION CONTROL BOARD
    April
    7,
    1988
    IN THE MATTER OF:
    CHARLES
    T. RHODES,
    )
    AC 88—5
    )
    (IEPk Docket No. 8759—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon
    a February 8,
    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 Charles Rhodes has violated Sections
    21(p)(5),
    2l(p)(ll)
    and 2l(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.
    Therefore, pursuant
    to Section 31.l(d)(l),
    the Board
    finds
    that Charles
    Rhodes has violated the provisions alleged
    in the
    amended Administrative Citation.
    Since
    there are three
    (3) such
    violations,
    the total penalty
    to be imposed is set
    at
    $1,500.00.
    It
    is hereby ordered
    that,
    unless the penalty has already
    been paid, within
    30 days
    of the date of
    this Order Charles
    Rhodes 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 $1,500.00 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
    -~-c~day of
    ,
    1988,
    by
    a vote of
    7~’
    ~O,.
    Dorothy M.
    Gu
    n,
    Clerk
    Illinois Pollution Control Board
    88—93

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    ~ER
    *
    8
    1988
    AMENDED ADMINISTRATIVE CITATION
    ~T3~LI~OIS
    POtIUTION
    CONTROL B~ARD
    IN THE MATTER OF:
    )
    ~
    -~
    Charles
    T.
    Rhodes,
    )
    IEPA DOCKET NO.
    8759-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
    (Ill.
    Rev.
    Stat.
    1986,
    Supp.,
    ch.
    111½,
    par.
    1031.1).
    FACTS
    1.
    That
    Respondent,
    Charles
    T.
    Rhodes,
    is
    the
    present
    operator of
    a
    facility located
    in the County of Macon, State
    of Illinois.
    2.
    That
    said
    facility
    is
    operated
    as
    a
    sanitary
    landfill,
    operating
    under
    Illinois
    Environmental
    Protection
    Agency
    Operating
    Permit
    No.
    75-065-OP.
    and
    designated
    with
    Site
    Code
    No.
    1158020006.
    Said facility is commonly known to the Agency as Decatur/Rhodes.
    3.
    That
    Respondent
    has
    operated
    said
    facility
    at
    all
    times
    pertinent hereto.
    4.
    That
    on
    November 12,
    1987,
    Steven Townsend,
    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.
    88—.
    4

    VIOLATIONS
    On the
    basis
    of
    direct observation of
    Steven Townsend,
    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 November
    12,
    1987, said landfill
    had uncovered refuse remaining
    from
    a previous operating day,
    in
    violation of
    Ill. Rev.
    Stat.
    1985,
    ch.
    111½,
    par.
    lO2l(p)(5).
    B.
    On November
    12,
    1987, said landfill
    had not submitted financial
    assurance documents, which are reports required by permits or
    Board Regulations, in violation of
    Ill. Rev.
    Stat.
    1985,
    ch.
    111½,
    par.
    1O21(p)(11).
    C.
    On
    and prior to November 12,
    1987,
    said landfill
    had not submitted
    quarterly groundwater monitoring reports, which are reports required
    by permits or Board Regulations,
    in violation of Ill.
    REv.
    Stat.
    1985,
    ch.
    111½, par.
    lO2l(p)(ll).
    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 through
    C,
    for
    a
    total
    of
    fifteen hundred ($1500.00)
    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
    2
    88—95

    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
    March
    14,
    1988.
    If
    you
    do
    not petition
    the
    Illinois
    Pollution
    Control
    Board
    for
    review
    of
    this
    Adm-inistrative
    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.
    88—96 3

    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.
    Richard
    J.
    Carlsori, Director
    Illinois Environmental Protection Agency
    Date:
    February 4, 1988
    88—97

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    REMITTANCE FORM
    IN THE
    MATTER
    OF:
    )
    )
    Charles T.
    Rhodes,
    )
    IEPA DOCKET NO.
    8759-AC
    Respondent
    )
    FACILITY:
    Decatur/Bath
    SITE CODE NO:
    1158020006
    COUNTY:
    Macon
    CIVIL PENALTY:
    $1,500.00
    DATE OF
    INSPECTION:
    November 12,
    1987
    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.
    88—98

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