ILLINOIS POLLUTION CONTROL BOARD
January 7, 1988
IN THE MATTER OF:
)
)
EUGENE FUNK
)
AC 87—104
(IEPA Docket No. 8656—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a November 12, 1987
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 Eugene Funk on November 12,
1987. The Agency alleges that Eugene Funk has violated Sections
21(p)(5), 21(p)(l2), 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.
Eugene Funk 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 Eugene Funk 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 ~enalty has already
been paid, within 30 days of the date of this Order Eugene Funk
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.
85—33
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi y that the above Order was adopted on the
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Illino
Control Board
85—34
ILLI1~0IS ENVIRONMENTAL PROTECTION
A~~2
me?
ADtIINISTRATIVE CITATION
IN
THE MATTER OF:
)
)
4~ ~‘7_,o
EUGENE FUNK
)
JEPA DOCKET
NO.
8656-AC
Respondent.
)
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, Eugene Funk, is the present operator of
a facility located in the County of Dewitt, State of Illinois.
2. That said facility is operated as a sanitary landfill, operatin~
under Illinois Environmental Protection Agency Operating Permit No.
1976-8-OP, and designated with Site Code No. 0398080005. Said facility
is commonly known to the Agency as Clinton/U-Dump-It Landfill.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That on September 30, 1987, Karen Nelson, 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.
85—35
VOLATIONS
On the basis of direct observation of Karen Nelson, 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. lll~,par. 1021(d), in a manner which resulted in the following
conditions:
A. That on September 30, 1987, said sanitary landfill was operated
in the following manner:
1. With uncovered refuse remaining from a previous operating
day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½,
par. lO2l(p)(5).
2. Haviag 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. 1l1~,par. lO2l(p)(l2).
3.
With
refuse in standing or flowing water, in violation of
Ill. Rev. Stat. 1986 Supp., ch. 1ll~,par. l021(p)(l).
4. While having failed to submit financial assurance documentation
as required by permits or Board regulations, in violation
of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(ll).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (ill. Rev. Stat. 1986 Supp., ch.
1l11~, 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(l) through A(4), for a total of Two Thousand ($2,000.00)
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85—36
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.
If you acknowledge the violations cited hereinabove, the civil
penalty specified above shall be due and payable no later than December
18’, 1987. 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 Agrncy.. 2200
Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276.
Also, please complete and return the enclosed Remittance Forms along
with your payment, to assure proper documentation of pay~rt~.
If any civil penalty, be reason of acknowledgment, :~uf~witor
finding after adjudicatory hearing, is not paid when due; the Hinois
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. Further~ore,
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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.
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
60501; 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.
.,1~
/
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Richard J. Carlson, Directorr7/~~
Illinois Environmental Protection Agency
Date: November 6, 1987
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