ILLINOIS POLLUTION CONTROL BOARD

June 30, 1988

IN THE MATTER OF:

CITY OF MARION,

)

AC 88-47

(IEPA Docket No. 8982—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a May 13, 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 the City of Marion on May

12, 1988. The Agency alleges that the City of Marion has

violated Sections 2l(p)(5), 21(p)(6), 2l(p)(l) and 2l(p)(ll) 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 Marion 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.l(d)(2) of the Act. Therefore, pursuant to

Section 31.1(d)(l), the Board finds that the City of Marion has

violated each and every provision alleged in the Administrative

Citation. Since there are four (4) such violations, the total

penalty to be imposed is set at $2,000.00.

It is hereby ordered that, unless the penalty has already

been paid, within 30 days of the date of this Order the City of

Marion 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 $2,000.00 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

90—553

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

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day of

,

1988, by a vote of

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Dorothy M?~’7Gunn, Clerk

Illinois Pollution Control Board

90—554

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ILLINOIS ENVIR0Nl~1ENTALPROTECTION A

_______________

ADMINISTRATIVE CITATION

MAY I 3 1988

U

~TE

OF

IWNOIS

IN

THE

RATTER OF:

)

POtLUTION CONTROl BOARD

City of Marion,

) 4~d

1(9’?

a municipal corporation in the

)

IEPA DOCKET NO. 8982—AC

State of illinois,

)

Respondent.

)

1JURISDICTION

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 Williamson, State of Illinois.

2. That said facility is operated as a sanitary landfill,

operating under Illinois Environmental Protection Agency Operating

Permit No. 1982-6—OP, and designated with Site Code No. 1998620012.

Said facility is commonly known to the Agency as Marion/Muni. No. 4.

3. That Respondent has operated said facility at all times

pertinent hereto.

4. That on April 5, 1988, 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.

90—555

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VIOLATIONS

On the basis of direct observation of Thomas Edniondson, 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

conditions:

That on April 5, 1988 an inspection of sail landfill facility

disclosed the following:

A. Uncovered refuse remaining from a previous operating day, in

violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1O21(p)(5).

B. Failure to provide final cover within time limits established

by Pollution Control Board Regulations, in violation of Ill. Rev.

Stat. 1986 Supp.

,

ch. 111½, par. 102l(p)(6).

C. Refuse in standing or flowing water, in violation of Ill.

Rev. Stat. 1986 Supp., ch. 111½, par. 1021(p)(l).

D. Failure to submit reports required by permits or Pollution Control

Board Regulations, in violation of Ill. Rev. Stat. 1986 Supp.,

ch. 111½, par. 1O21(p)(ll).

CIVIL PENALTY

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 through D, for a total of Two Thousand ($2,000.00) 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 Environ~n~~

:r0t~t~0n

Agency and the Illinois

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Pollution Control Board, in addition to the Five Hundred Dollar (S500.OO)

statutory penalty for each finding of violation.

If you acknowledge the violations cited hereinabove, the civil

penalty specified above shall be due and payable no later than June

20, 198S. 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 ackno’~iledgment, 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 th 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

90—557

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PROCEDURE FOR CONTESTING THIS

AD!IINISTRATIVE

CITATIO~I

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 Citaticn, 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, rilinois 62794-9276, Attention: Enforcement Services.

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Bernard P. Killian, Acting Director’

-

Illinois Environmental Protection Agency

Date: May 10, 1988

rcg :A-05

90—558