ILLINOIS POLLUTION CONTROL BOARD

November

 29, 1988

IN THE MATTER OF:

KINETIC ENERGY DEVELOPMENT

)

 AC 88-89

CORPORATION,

)

 (IEPA Docket No.

 9211—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon an October

18,

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.

 The Agency alleges

that Kinetic Energy Development Corporation has violated Sections

2l(p)(7)

 and 2l(p)(lO)

 of the Act.

 The statutory penalty

established for

 these violations

 is $500.00 pursuant

 to Section

42(b)(4)

 of the Act.

Kinetic Energy Development Corporation 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 Kinetic Energy Development Corporation has violated the

provisions

 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 Kinetic

Energy Development Corporation 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.

93—637

—2—

I,

 Dorothy M.

 Gunn,

 Clerk

 of the Illinois Pollution Control

Board,

 hereby cert

 that the above Order was adopted on the

~

day

of

 1988,

by

 a vote

of

7—0

Dorothy M,/Gunn, Clerk

Illinois ~ollution

 Control Board

93—688

ILLINOIS ENVIRONMENTAL PROTECTION

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY

)

IEPA DOCKET NO.

 9211-AC

KINETIC ENERGY DEVELOPMENT

 CORP.

Respondent.

)

3URISDICTION

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.

 111½,

 par.

 1031.1).

FACTS

1.

 That Respondent

 is the present operator of

 a facility located

in the County of Marion,

 State of Illinois.

2.

 That said facility

 is operated

as

 a sanitary

 landfill, operating

under Illinois Environmental Protection

 Agency Operating Permit No.

1984-3-OP. and designated with Site Code No.

 1214220003.

 Said facility

is

 comironly known

 to the Agency as Centralia Environmental Services.

3.

 That Respondent has owned or operated said facility at all

times pertinent hereto.

4.

 That on August

18,

 1988, Gerald Steele, 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.

93—689

VIOLATIONS

On

 the basis of direct observation of Gerald

 Steele,

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,

ch.

 111½, par.

 1021(d),

in

 a manner which resulted

 in the following

conditions:

A.

 That on August

18,

 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)

 Acceptance of wastes without necessary permits,

 in violation

of Ill.

 Rev.

 Stat.

 1987,

ch.

 111½,

 par.

 lO2l(p)(7).

(11)

 Acceptance of special waste without

 a required manifest,

in violation of

 111.

 Rev.

 Stat.

 1987,

ch.

 111½,

 par.

 lO2l(p)(10).

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)-(ii),

for

a

 total

 of One Thousand

 ($1,000.00) 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.

93—69fl

If you acknowledge the violations cited hereinabove,

 the civil

penalty specified above shall

 be due and

 payable

no

 later than November

21,

 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

ot

 litigation.

3

93—691

PROCEDURE

 FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation.

See

Public Act 84-1320

 (Ill.

 Rev.

 Stat.

 1987,

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.

 ~Y’

‘1/

Bernard

P.

 Killian,Director

Illinois Environmental

 Protection Agency

Date:

 October 12,

1988

4

93-692