ILLINOIS POLLUTION CONTROL BOARD
November
17, 1988
IN THE MATTER OF:
)
)
EDWARD DEIBEL, d/b/a DEIBEL
)
AC 88-87
LANDFILL NO.
2,
)
(IEPA Docket No. 9206—AC)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an October
5,
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 Edward Deibel on October
5,
1988.
The Agency alleges that Edward Deibel has violated
Sections 2l(p).(5),
2l(p)(l2), 2l(p)(7),
21(p)(l)
and 2l(p)(9)
of
the Act.
The statutory penalty established
for each of these
violations
is $500.00 pursuant to Section 42(b)(4)
of the Act.
Edward Deibel 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 31.1(d)(2)
of the Act.
Therefore,
pursuant to
Section 31.1(d)(l),
the Board finds that Edward Deibel has
violated each and
every provision alleged
in the Administrative
Citation.
Since there are five
(5)
such violations,
the total
penalty to be imposed
is set at $2,500.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within
30 days of the date of this Order Edward Deibel
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 $2,500.00
which
is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
93—503
—2—
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
7~
Dorothy M4Gunn, Clerk
Illinois ~.61lutionControl Board
93—504
~\
‘
OcT
—5 ~
:~.‘
ILLINOIS ENVIRONMENTAL PROTECTION ~
~LUT~O~I
c0~TROt
~AR~
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
~
~e
~
v.
)
IEPA DOCKET NO. 9206-AC
EDWARD DEIBEL,
d/b/a
)
DEIBEL
LANDFILL NO.
2,
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in the
Illinois Environmental Protection Agency
by Public Act 84-1320
(Ill.
Rev.
Stat.
1987,
ch. lll~,par.
1031.1).
FACTS
1.
That Respondent
is
the present operator of
a facility located
in the County of Effingham,
State of Illinois.
2.
That said facility
is operated
as
a sanitary landfill, operating
under
Illinois Environmental
Protection Agency Operatina Permit ~o.
l979-4-OP. and designated with Site Code No.
0498100007.
Said facility
is commonly
known
to the Agency as Deibel
Landfill
No.
2.
3.
That Respondent has owned or operated said facility at all
times pertinent hereto.
..~.
That on August
8, 1988,
S.
Dale Elenburger,
of the Illinois
Environmental Protection Agency, insoectec the above-described landfill
facility.
A
CODY
of the inspection
reoort setting forth the results
of sucn
insoection
is
attached hereto and made
a
part hereof.
93—505
‘IIOLATIONS
On the basis of direct observation of
S. Dale Elenberger,
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.
1987,
crt. lll~,par. 1021(c),
in
a manner which
resulted
in the
following conditions:
A.
That on August
8,
1988 an on—site inspection of said sanitary
landfill facility and
a review of Illinois Environmental
Protection
Agency files and records of said facility, disclosed
the
following:
(i)
Uncovered refuse remaining from a previous operating
day,
in violation of Ill.
Rev.
Stat.
1987,
ch. lll~,
par.
lO2l(pj(5).
(ii)
Failure to collect and contain litter from the site
by the end of each operating day, in violation of
Ill.
Rev.
Stat.
1987,
ch. lll~,par.
lO2l(p)(12).
(iii)
Acceptance
of wastes without necessary permits,
in violation
of
Ill.
Rev.
Stat.
1987,
ch. lll~,par.
l021(p)(7).
(iv)
Refuse
in standing or flowing water,
in violation of
ill.
Rev.
Stat. l98~,dh.
1ll~-, par.
lO2l(p)(l).
(v)
Deposition of refuse
in any unpermitted portion
of the
landfill,
in
violation of
Ill.
Rev.
Stat.
1987,
ch.
ll1~2, par.
lO2l(p)(9).
93—506
CIVIL PENALTY
Pursuant to Public Act 84—1320
(Ill.
Rev.
Stat.
1987,
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(i) through A(v),
for
a
total
of Twenty Five Hundred
($2,500.00)
Dollars.
Additionally, should Respondent 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, Respondent
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.
f
you acknowledge the violations cited hereinabove,
the civil
penalty specified above shall
be due and payable
no
later than November
15, 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 Dayment.
If any civil penalty,
by
reason of acknowledgment,
default or
finding after adjudicatory hearing,
is not paid when due;
the
Illinois
3
93—507
Environmeital 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.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have the right
to contest this Administrative Citation.
~
Public
Act
84-1320 (Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1031.1).
f
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
:llinois 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,
Soringfield,
:llinois
62794-9276, Attention:
Enforcement Services.
Bernard
P.
Killian, Director
Illinois Environmental Protection Agency
Date: October
3,
1988
93—508
4
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
ILLINOIS ENVIRONMENTAL
~j
PROTECTION AGENCY
)
)
IEPA DOCKET NO.
9206-AC
V.
EDWARD DEIBEL, d/b/a
DEIBEL LANDFILL NO.
2
Respondent
)
Affiant,
S. Dale Elenberger, being first duly sworn, voluntarily deposes and
states
as follows:
1.
Affiant is
a field inspector employed by the Land Pollution
Control Division
of the Illinois Environmental Protection Agency and
has been
so employed at all
times pertinent hereto.
2.
On August
8,
1988, between 6:20
a.rn.
and 7:30 a.m., Affiant
conducted an
inspection of the sanitary landfill
in Effingham County,
Illinois, known as Deibel ~2 Landfill, Illinois Environmental Protection
Agency Site No. 0498100007, operating under IEPA Permit No.
1979-4-OP.
3.
Affiant inspected said Deibel
#2 Landfill site by an on-site
inspection which
included walking the
site, and interviewing personnel.
4.
Before and/or after said inspection of said landfill
site, Affiant
reviewed Illinois Environmental Protection Agency permits issued
to the
subject site and investigated
into whether or not required documents were
timely filed
on
behalf of
the subject site.
93—509
5.
As
a
result
of
the
activities
referred
to
in
Paragraphs
3
and
4
above,
Affiant.
completed
the
Inspection
Report
form
attached
hereto
and
made
a
part
hereof,
which,
to
the
best
of
Affiant’s
knowledge
and
belief,
is
an
accurate
representation
of
Affiant’s
observations
and
factual
conclusions
with
respect
to
Deibel
~2 Landfill.
t.
Subscribed
and
Sworn
to
before
me
.~.L.
this
.—)
day
of
~
~
1988.
1_)
;~
I
$
/
-
!-!-2~-~.
U~....’
Notary
Public
93— 510
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
LLINOIS ENVIRONMENTAL
PROTECTION AGENCY
v.
)
IEPA DOCKET NO. 9206-AC
EDWARD DEIBEL d/b/a
DEIBEL
LANDFILL NO.
2,
Respondent.
)
FACILITY:
Deibel
Landfill
No.
2
SITE CODE NO:
0498100007
COUNTY:
Effinghani
CIVIL PENALTY:
$2,500.00
DATE OF
INSPECTION:
August
8,
1988
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.
93—511