ILLINOIS POLLuTIOr~CONTROL BOARD
    June
    30, 1988
    IN THE MATTER OF:
    JAMES
    L. WATTS,
    )
    AC 88—50
    (IEPA Docket No. 8989—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 James L.
    Watts
    on May 12,
    1988.
    The Agency alleges
    that James
    L. Watts has violated
    Sections 2l(p)(5),
    2l(p)(12),
    21(p)(l)
    and 21(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.
    James
    L. Watts 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 31.1(d)(l),
    the Board finds that James
    L. Watts 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 James
    L.
    Watts 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—565

    —2—
    I, Dorothy
    M. Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify
    t-~at
    the above Order was adopted on
    the
    ~
    day
    of
    ,
    1988,
    by
    a vote
    of
    7
    7
    Dorothy M..,~4ónn,Clerk
    Illinois P&-llution Control Board
    90—566

    -
    ILLINOIS ENVIRONMENTAL PROTECTION
    4GOt~Y
    I
    ~.‘1AY
    131988
    ADMINISTRATIVE
    CITATION
    __________
    STATE OF
    ILLINUiS
    POWJT1ON CONTROL B0~RO
    IN THE MATTER
    OF:
    )
    ~
    ~
    James
    L.
    Watts,
    )
    IEPA DOCKET
    NO.
    8989—AC
    Respondent.
    JURISDICTIO~I
    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 owner and/or
    operator of
    a facility located
    in the County of Sangamon,
    State of Illinois.
    2.
    That
    said
    facility
    is
    operated
    as
    a
    sanitary
    landfill,
    operating
    under
    Illinois
    Environmental
    Protection
    Agency
    Operating
    Permit
    No.
    1980—23-OP,
    and
    designated
    with
    Site
    Code
    No.
    1678220037.
    Said facility is commonly known
    to the Agency as Sangamon Valley Landfill.
    3.
    That
    Respondent
    has
    owned and/or operated
    said
    facility
    at all
    times pertinent hereto.
    4.
    That
    on
    Aprfl
    8,
    1988,
    Ricky Lanham,
    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.
    9
    0—567

    VIOLATIONS
    On
    the
    basis of direct
    observation of
    Ricky Lanham,
    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
    8,
    1988
    inspection
    of
    said
    sanitary
    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.
    102l(p)(5).
    B.
    Failure
    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 1O21(p)(12).
    C.
    Refuse
    in
    standing
    or
    flowing
    water,
    in
    violation
    of
    Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½,
    par.
    lO2l(p)(l).
    D.
    Deposition
    of
    refuse
    in
    an
    unpermitted
    portion
    of
    said
    landfill
    facility,
    in
    violation
    of
    Ill.
    Rev.
    Stat.
    f1986
    Supp.,
    ch.
    111½,
    par.
    1021(p)(9).
    CIVIL
    PENALTY
    Pursuant
    to
    Public
    Act 84—1320
    (111.
    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 trhough
    D,
    for
    a
    total
    of
    Two Thousand
    ($2,000.000)
    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
    2
    90—
    568

    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.
    If
    you
    acknowledge
    the
    violations
    cited
    hereinabove,
    the
    civil
    penalty specified
    above
    shall
    be
    due
    and
    payable
    no
    later
    than June
    20,
    1988.
    If
    you
    do
    not
    petition
    the
    Illinois
    Pollution
    Control
    Board
    for
    review
    of
    this
    Adninistrative
    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 Environnental
    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.
    3
    90—569

    PROCEDURE
    FOR CONTESTING THIS
    ADIINISTRATIVE
    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.
    ~
    _______
    Bernard
    P.
    Killian, Acting Director
    Illinois Environmental Protection Agency
    Date:
    May
    10,
    1988
    rcg:A-O5
    90—570

    Back to top