ILLINOIS POLLUTION CONTROL BOARD
May 19, 1988
IN THE MATTER OF:
)
WAYNE BERGER,
)
AC 88—26
)
(IEPA Docket No. 8909-AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an April 4, 1988
filing of an Administrative Citation pursuant to Section 31.). 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 Wayne Berger on April 8,
1988. The Agency alleges that Wayne Berger has violated Sections
2l(p)tS) and 2l(p)(ll) of ~.heAct. The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4)
of
the Act.
Wayne l3erger has not: fi~ed a Petition
for Review with the
Clerk of the Board within
35
days of the date of service as
allowed oy -ecrion 3!l(~i)(2; o~ the Act.
Ther?~Eore, pursuant to
Section 3l.~d)(l),
the Board finds that
Wayne
Berqer has
‘~iolat-.ed each and every p;ovision alleged in the Administrative
Citation.
Since there ara two (2) such vio1aticns~ the total
penalty
to he imposed is
3et at si,aoo.~oo.
It is hereby ordered that,
unless the ~na1’c~ has_already
been
aaid, within
30 days of the date of this Order Wayne Berger
shall, by certified check or
money order payable
to
the State of
Illinois
and designated for deposit into the Environmentnl
Protection Trust. Fund, pay a penalty in the amount ~ si,ooo.co
which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill
Road
Gotiogfield,
IL 62706
~
ts so O7DERED~.
89—3115
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif that the above Order was adopted on .±he
/?~day of
a.-cr~
,
1988, by a vote of
7—0
~
~.
Dorothy M. G~in, Clerk
Illinois Pollution Control Board
89—3 16
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
-~
--I
I
~1)
ADMINISTRATIVE CITATION
~ ~
_L~’1
IN THE MATTER OF:
WAYNE BERGER
)
IEPA DOCKET NO. 8909-AC
~
gF-2.4
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, Mr. Wayne Berger, is the present operator
of a faci’ity located in the County of Richiand, State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1979-1-UP, and designated with Site Code No. 159 015
0001. Said facility is commonly known to the Agency as Noble/Berger.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on February 17, 1988, Tom Edmondson, 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.
89—317
VIOLATIONS
On the basis of direct observation of Tom Edmondson, 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 111. Rev. Stat. 1985,
ch. 1ll~, par. 1021(d), in a manner which resulted in the following
conditions:
A. That on February 17, 1988 said landfill facility operated with
uncovered refuse remaining from a previous day, in violation of
Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1021 (p)(5).
B. That on February 17, 1988 said landfill facility operated while
having failed to submit reports required by permits or Board Regulations,
in violation of Ill. Rev. Stat. 1986 Supp., Ch. 111½, par. 1021(p)(ll).
CIVIL PENALT~(
Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.
111½, par. 1042(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.
89—318
If you acknowledge the violations cited hereinabove, the civil
penalty specified above shall be due and payable no later than May
12, 1988. If you do not petition the Illinois Pollution Control
Board fo~- 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.
89—3 19
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.
1••~
~
~
Richard U. Carlson,—Director
Illinois Environmental Protection Agency
Date: March 31, 1988
89--3~O