ILLINOIS POLLUTION CONTROL BOARD
January 7~ 1988
IN THE MATTER OF:
)
JAMES ESAREY
)
AC 87—111
)
(IEPA Docket No. 8669—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 James Esarey on November
12, 1987. The Agency alleges that James Esarey has violated
Section 21(p)(5) of the Act. The statutory penalty established
for this violation is $500.00 pursuant to Section 42(b)(4) of the
Act.
James Esarey 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.l(d)(2) of the Act. Therefore, pursuant to
Section 31.1(d)(l), the Board finds that James Esarey 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 James Esarey
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.
85—57
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, he~~j~certify that he above Order was adopted on
the
7”
day of
___________,
1988 by a vote
of
6—a
.
Dorothy M. Gxinn, Clerk
Illinois Pollution Control Board
85—58
NOV~,61g87 IkII
ILLINOIS ENVIRONMENTAL PROTECTION AGEN4L~\\~~
ADMINISTRATIVE CITATION
I
~ ~
STAT~OFIWNOIS
IN THE
MATTER
OF:
)
JAMES ESAREY
)
IEPA DOCKET NO. 8669-AC
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the autho.rity
vested in the Illinois Environmental Protection Agency by Public Act
84—1320 (Iii. Rev. Stat. 1986, Supp., ch. 111~,par. 1031.1).
FACTS
1. That Respondent, James Esarey, is the present operator of
a facility located in the County of Greene, State of Illinois.
2. That said facility is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1974-90-OP, and designated with Site Code No. 0618070001. Said facility
is commonly known to the Agency as Roodhouse/Esarey.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That on September 23, 1987, S. Dale Elenberger, 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—59
VIOLATIONS
On the basis of direct observation of S. Dale Elenberger, 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 September 23, 1987 operated said sanitary landfill facility
with uncovered refuse remaining from a previous operating day, in viola-
tion of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(5).
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 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.
If you acknowledge the violation 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)
2
85—60
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
~ifthyour 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.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation. See
Public Act 84-1320 (Iii. Rev. Stat. 1986 Supp., ch. 111’.~, par. 1031.1).
If you elect to contest this Administrative Citation, you must file
3
85—61
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,
Sp-ingfield, Illinois 62794—9276, Attention: Enforcement Services.
,c~’ /‘,‘
~
RichardJ. Carison, Director
/
Illinois Environmental Protection Agency
Dated:
November 10, 1987
4
85—62