ILLINOIS POLLUTION CONTROL BOARD
May 19, 1988
IN THE MATTER OF:
CITY OF BELVIDERE,
)
AC 88—27
(IEPA Docket No. 8910—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 31.1 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 Belvidere on
April 4, 1988. The Agency alleges that the City of Belvidere has
violated Section 2l(p)(5) of the Act. The statutory penalty
established for this violation is $500.00 pursuant to Section
42(b)(4) of the Act.
The City of Belvidere 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 3l.1(d)(l), the Board finds that the City of Belvidere
has violated the provision alleged in the Administrative
Citation. Since there is one (1) such violation, the total
penalty to be imposed is set at $500O0~.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order the City of
Belvidere shall, by certified check or money order payable to the
State of Illinois and designated for deposit into the
Environmental Protection Trust Pund, pay a penalty in the amount
of $500.00 which is to be sent to:
Illinois Environmental Protecti n Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
IT IS SO ORDERED.
89—32 1
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Boar hereby cert~f that the above Order was adopted on the
/(f~~
day of
,
1988, by a vote of
~7—~
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
89—322
ILLINOIS
ENVIRONMENTAL
PROTECTION AGE~Y~
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
Citya
municipalof
Belvidere,corporation
))
IEPA
~
DOCKET
1~~7
NO. 8910-AC
of the State of Illinois
)
JURI SDI CTION
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. lll~, par. 1031.1).
FACTS
1. That Resoondent. Cfty_of Belvidere, is the Dresent operator
of a facility located in the County of Boone, State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit
No.
1973-55-OP. and designated with Site Code No. 007 005
0006. Said facility is commonly known to the
Agency
as Beividere/Muni
No. 2.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on February 17, 1988, Thomas Henninger, 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—323
VIOLATIONS
On the basis of direct observation of Thomas Henninger, 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,
oh. 111½, 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 operating day, in violation
of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1021 (p)(5).
~
~)!~1~!
•iL
•
I
Pursuant to Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., ch.
111½, par. lO42(b)(4)), Respondent herein is subject to a civil penalty
of Five Hundred Dollars ($500.00) for the violation specified above
in Paragraph A. 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 violation 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 a finding of violation.
89—324
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 fbr 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
Generalts Office will seek to recover their costs of litigation.
89—325
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
~y the Poilut~an C~nro~Board. The Petition for Review may -Oefiled
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
___
Ri~hardJ. Carlson, Director
Illinois Environmental Protection Agency
Date: t~~arch31, 1983
89—326