ILLINOIS POLLUTION CONTROL BOARD

January 7, 1988

IN THE MATTER OF:         

)

EVERETT ALLEN          

)

AC 87—106

)

(IEPA Docket No. 8658—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 Everett Allen on November

10, 1987. The Agency alleges that Everett Allen has violated

Section 2l(p)(l1) of the Act. The statutory penalty established

for this violation is $500.00 pursuant to Section 42(b)(4) of 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 3l.l(d)(2) of the Act. Therefore, pursuant to

Section 3l.l(d)(l), the Board finds that Everett Allen 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 $500.00.

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 $500.00

which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

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—2—

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

Board, ~  

certify that the above Order was adopted on

the

_______________

day of~  

1988 by a vote

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

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t~L~1smvizisi

I LU NOl S

ENV I

R0N~1ENTALPROTECTION AGENCY

CE kUNO~S

ADMINISTRATIVE CITATION

IN THE MATTER 0F               

)

EVERETT ALLEN d/b/a            

)

IEPA DOCKET NO. 8658—AC

ALLEN WASTE MANAGEMENT

Respondent.           

)

JURISDICTION

This Administrative Cita~ionis issued pursuant to the authority

vested in the Illinois Environmental Protection Agency by Public Act

84-1320 (Ill. Rev. Stat. T986, Supp., ch. 1ll~,par. 1031.1).

FACTS

1.  That Respondent, Everett Allen, is the present operator of

a facility located in the County of Jackson, State of Illinois.

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

under Illinois Environmental Protection Agency Operating Permit No.

1976—44-OP, and designated with Site Code No. 0770200001. Said facility

is commonly known to the Agency as DeSoto/Ailen No. 1.

3.  That Respondent has operated said facility at all times pertinent

hereto.

4.  That on September 23, 1987, Gerald Steele, of the Illinois

Environmental Protection Agency, inspected the above-described landfill

facility. A copy of the inspection report setting fort-h the results

of such inspection is attached hereto and made a part hereof.

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V IOLATIONS

On the basis of direct observation of Gerald Steele, the Illinois

Environmental Protection Agency has determined that Respondent was

conductina a sanitary landfill operation at the above—described facility,

which is required to have a oernit pursuant to Ill. Rev. Stat. 1985,

ch. 11l~,par. 1021(d), in a manner which resulted in the following

conditions:

A.  That inspection of said sanitary landfill facility on September

23, 1987 disclosed the following:

1. Operated said facility while having failed to submit

a closure/oost—closure plan as requi-red by permits, in

violation of Ill. Rev. Stat. 1986 Supp., ch.- 111½, par.

1021 (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 Paragraph A(1), for a total of Five Hundred ($500.00) 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 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 each finding of violation.

85—48

If you ackno’~’iledge 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 judament 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 Se~vices, 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, be 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

85—49

PRCCEDURE FOR CONTESTING THIS

I~D~I~iSTRATIVECITATiON

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.

--~

~7

Richard J. Carison, Director 

~i~i’-~

Illinois Environmental Protectio’n Agency

November 6, 1987

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