ILLINOIS POLLUTION CONTROL BOARD
January
7,
1988
IN THE MATTER OF:
M.I.G.
INVESTMENTS,
INC.
)
AC 87—110
)
(IEPA Docket No.
8668—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a November
17,
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 M.I.G.
Investments on
November
12,
1987.
The Agency alleges that M.I.G.
Investments
has violated Sections 2l(p)(5)
and 21(p) (12)
of the Act.
The
statutory penalty established for each of these violations
is
$500.00 pursuant
to Section 42(b)(4)
of the Act.
M.I.G.
Investments 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 31.1(d)(2)
of the Act.
Therefore, pursuant
to
Section 31.1(d)(l), the Board
finds that M.I.G.
Investments has
violated each and every provision alleged
in the Administrative
Citation.
Since there are two
(2)
such violations,
the total
penalty to be imposed
is set at $1,000.00.
It is hereby ordered that,
unless the penalty has already
been paid, within 30 days
of the date of this Order
M.I.G.
Investments 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 $1,000.00 which is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT IS SO ORDERED.
85—51
—2—
1~
Dorothy M. Gunn,
Clerk
of the Illinois Pollution Control
above Order was adopted on the
Board, hereby cert
7~Z
day of
j~~tl~at~e
,
1988 by
a vote of
C
-~
~
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Dorothy
M. Gánn, Clerk
Illinois Pollution Control Board
85—52
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ILLINOIS ENVIRONMENTAL PROTECTION A~~H~17m8T
U
ADMIL~ISTRATI/E CITATION
_____________________
IN THE
MATTER
OF:
)
M.I.G.
INVESTMENTS,
INC.
)
IEPA
DOCKET
NO.
8668-AC
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to
the authority
vested
in the Illinois Environmental Protection Agency by Public Act
84—1320 (111.
Rev.
Stat.
1986, Supp., ch.
111½,
par.
1031.1).
FACTS
1.
That Respondent,
M.I.G.
Investments,
Inc.,
is the present
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.
1972-32-OP, and designated with Site Code No. 0070050002.
Said facility
is commonly known
to
the Agency as Belvidere/MIG Investments,
Inc.
3.
That Respondent has operated said facility at
all
times pertinent
hereto.
4.
That on October 13,
1987, 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 h~ereof.
85—53
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,
ch.
111½,
par.
1021(d), in
a manner which resulted in the following
conditions:
A.
On October
13, 1987 operated said sanitary landfill
facility
with uncovered refuse remaining from a previous operating day, in violation
of 111.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(5).
B.
On October 13,
1987 operated said sanitary landfill facility
while having 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.
111½,
par.
lO2l(p)(12).
CIVIL PENALTY
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 each violation specified above
in Paragraphs A and
B,
for
a total of One Thousand
($1,000.00) 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 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.
85~54
If you acknowledge the violations cited hereinabove,
the civil
penalty specified above
shall
be
due and payable no later than December
22, 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 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~sOffice will
seek to recover their costs
o~f
litigation.
3
85—55
PROCEDURE
FOR
CONTESTING
THIS
A~MIUISTRATIVE 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.
/
/i._~
Z~
)
~~L~_-~-
Richard J.
Carlson, Director
Illinois Environmental Protection Agency
Dated:
November 10, 1987
4
85—56