ILLINOIS POLLUTION CONTROL BOARD
    April
    7,
    1988
    IN THE MATTER OF:
    CITY OF QUINCY,
    )
    AC 88—16
    (IEPA Docket No. 8844—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon
    a February 17, 19~8
    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 Quincy on
    February
    11,
    1988.
    The Agency alleges
    that the City of Quincy
    has violated Sections 21(p)(5) and 2l(p)(12)
    of the Act.
    The
    statutory penalty established
    for each of
    these violations
    is
    $500.00 pursuant to Section 42(b)(4)
    of the Act.
    The City of Quincy 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.l(d)(2)
    of the Act.
    Therefore,
    pursuant to
    Section 31.l(d)(1),
    the Board finds
    that the City
    of Quincy has
    violated each and every provision alleged
    in the Administrative
    Citation.
    Since there are two
    (2)
    such violations,
    the total
    penalty
    to be imposed
    is set at $1,000.00.
    It
    is hereby ordered
    that,
    unless the penalty has already
    been paid, within 30 days of the date of this Order the City of
    Quincy 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 $1,000.00 which
    is
    to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT
    IS SO ORDERED.
    88—101

    —2—
    I,
    Dorothy M. Gunn, Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify
    that the above Order was adopted on the
    7~day
    of
    ,
    1988,
    by
    a vote
    of
    7~
    ~r~_~7
    7~,
    /~~‘
    Dorothy
    M. dunn,
    Clerk
    Illinois Pollution Control Board
    88—102

    ILLINOIS ENVIROT4IIENTAL
    PROTECTIO
    N
    1fl988
    ADMINISTRATIVE CITATION
    ~TAJEofIIUNOIS
    POLLUTION
    CONTROL
    BOARD
    IN THE MATTER OF:
    )
    KENNETH KIRCHER,
    CLERK,
    )
    IEPA DOCKET
    NO.
    8844-AC
    CITY OF QUINCY
    STATE OF ILLINOIS,
    )
    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, City of Quincy,
    is
    the present operator
    of
    a facility located
    in the County of Adams, State of Illinois.
    2.
    That
    said
    facility
    is
    operated
    as
    a
    sanitary
    landfill,
    operating
    under
    Illinois
    Environmental
    Protection
    Agency
    Operating
    Permit
    No.
    1977—13—UP,
    and
    designated
    with
    Site
    Code
    No.
    0018010001.
    Said facility is commonly known to the Agency as
    Quincy/Muni
    No.
    4.
    3.
    That
    Respondent
    has
    operated
    said
    facility
    at
    all
    times
    pertinent hereto.
    4.
    That
    on
    January
    14,
    1988,
    Clifford Wheeler,
    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—103

    VIOLATIONS
    On
    the
    basis
    of
    direct
    observation
    of Clifford Wheeler,
    the
    Illinois
    Environr~ental 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,
    oh.
    111½,
    par.
    1021(d),
    in
    a
    manner
    which
    resulted
    in
    the
    following
    conditions:
    A.
    That on
    January
    14,
    1988 said landfill facility operated with
    uncovered refuse remaining
    frorr,
    a previous operating day, in violation
    of Ill.
    Rev. Stat.
    1986
    Supp.,
    ch.
    111½,
    par. l021(p)(5).
    B.
    That on January
    14,
    1988 said landfill facility operated while
    having
    failed
    to collect and contain
    litter from the
    site by the
    end of
    a previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½, par.
    1O21(p)(12).
    CIVIL PENALTY
    Pursuant
    to
    Public
    Act
    84—1320
    (Ill.
    Rev.
    Stat.
    1986
    Supp.,
    oh.
    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 and
    B,
    for
    a
    total
    of
    One Thousand ($1,000.00) 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.
    2
    88—104

    If
    you
    acknowledge
    the
    violations
    cited
    hereinabove,
    the
    civil
    penalty
    specified
    above
    shall
    be
    due
    and
    payable
    no
    later
    than
    March
    23,
    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,
    rllinois
    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
    88--1~5

    PROCEDURE FOR CONTESTING THIS
    AD~1INISTRATiVECITATION
    You
    have
    the
    right
    to
    contest
    this
    Administrative
    Citation.
    See
    Public
    Act 84—1320
    (111.
    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 ~est 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
    6279~i-9276,Attention:
    Enforcement Services.
    Date:
    February 10,
    1983
    Illinois Environmental
    Protection Agency
    88—1~

    STATE OF
    ILLINOIS
    )
    )
    SS
    COUNTY
    OF SANGAMON
    PROOF OF SERVICE
    I,
    the undersigned,
    on oath state that
    I have served the attached
    MOTION TO AMEND and AMENDED ADMINISTRATIVE CITATION
    upon the person
    to whom it
    is directed,
    by placing
    a copy in
    an envelope
    addressed to:
    Dorothy Gunn,
    Clerk
    Mr. Charles
    1.
    Rhodes
    Pollution Control
    Board
    1357 Bowshier Lane
    State of Illinois Center
    Decatur,
    Illinois
    62522
    100 W.
    Randolph
    Suite
    11-500
    Chicago, Illinois 60601
    and sending
    it by first class mail from Springfield,
    Illinois, on
    February
    4
    ,
    19
    88
    ,
    with sufficient postage affixed.
    SUBSCRIBED AND
    SWORN TO BEFORE ME
    thi ~
    day of
    ________________,
    1
    9~I.
    /~4~
    ~.
    )~
    ~
    Notary Public
    88—107

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