ILLINOIS POLLUTION CONTROL BOARD
March
24,
1988
IN
THE
MATTER OF:
EVERETT ALLEN,
)
AC 88—8
(IEPA Docket No. 8823—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a February 9,
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 Everett Allen on February
5,
1988.
The Agency alleges
that Everett Allen has violated
Sections 2l(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) o~the Act.
Everett Allen 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 3l.l(d)(1),
the Board
finds that Everett Allen 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 Everett Allen
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.
87-239
—2—
I, Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certif
that the above Order was adopted on
the
-~,L~1~’
day
of
,
1988,
by
a vote of
~
—o
Dorothy M.
unn,
Clerk
Illinois Pollution Control Board
87—240
ILLINOIS ENViRONMENTAL PROTECTION AGE~©~O
______________
llt~~
FEB
9~88
I
ADMINISTRATIVE
CITATION
U
~
STAlE Of iw~.Oi~
__POtLU1~0NCONTROL BOARD
IN THE
MATTER
OF:
)
Everett
Allen
)
IEPA DOCKET NO.
8823-AC
d/b/a
Allen
Waste Management,
)
Respondent
)
I~—~-
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
is
the
present
operator
of
a
facility
located
in the County of Saline, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
illinois
Environmental
Protection
Agency
Operating
Permit
No.
1983—OP-9,
and
designated
with
Site
Code
No.
1658080001.
Said facility is commonly known
to the Agency as
Saline County L.F.
Inc.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
December
19,
1987, Thomas 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.
87—241
VIOLATIONS
On
the
basis
of
direct
observation
of Thomas 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
Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1021(d),
in
a
manner
which
resulted
in
the
following
condi tions:
A.
That on December
10,
1987,
said sanitary landfill facility operated
with uncovered refuse remaining from
a
previous operating day,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch. 111~,par.
102l(p)(5).
B.
That on
December 10,
1987, said sanitary 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.
1021(p)(l2).
CIVIL PENALTY
Pursuant
to
Public
Act
84—1320
(Ill.
Rev.
Stat.
1986
Supp.,
oh.
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 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
87—242
If
you
acknowledge
the
vio!ations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
April
7,
1988.
If you
do
not petitThn
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 judynent 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
Proteci~ion 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.
3
87—243
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. C~T.son,Director
Illinois Environmental Protection Agency
Date:
February 4,
1988
87—244