ILLINOIS POLLUTION CONTROL BOARD
    March 24, 1988
    IN THE MATTER OF:
    )
    RALPH JOHNSON,
    )
    AC 88-13
    (IEPA Docket No. 8832—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a February 10, 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. The Agency alleges
    that Ralph Johnson has violated Sections 2l(p)(5), 2l(p)(6) and
    21(p) (11) of the Act. The statutory penalty established for each
    of these violations is $500.00 pursuant to Section 42(b) (4) of
    the Act.
    Ralph Johnson has not filed a Petition for Review with the
    Clerk of the Board within 35 days of the date of servtc~as
    allowed by Section 31.l(d)(2) of the Act. Therefore~ pursu~rit tC
    Section 3l.1(d)(1), the Board finds that Ralph Johnson has
    violated each and every provision alleged in the Administrative
    Citation. Since there are three (3) such violations, t:he total
    penalty to be imposed is set at $1,500.00.
    It is hereby ordered that, unless the penalty has already
    been paid, within 30 days of the date of this Order I~alphJohnson
    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 $1,500.00
    which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    IT IS SO ORDERED.
    87—27 1

    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boa hereby certif that the above Order was adopted on the
    _______day of
    4-t~~-~.--
    ,
    1988, by a vote of_________
    Dorothy M. nn, Clerk
    Illinois Pollution Control Board
    87—272

    ILLINOIS ENVIRONMENTAL PROTECTION
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    )
    RALPH JOHNSON, individually,
    )
    ,~cj.
    and RALPH JOHNSON d/b/a
    )
    JEPA DOCKET NO. 8832-AC
    JERSEY SANITATION CORPORATION,
    )
    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, is the present operator of a facility
    located in the County of Jersey, State of Illinois.
    2. That said facility is operated as a sanitary landfill,
    operating under Illinois Environmental Protection Agency Operatirtg
    Permit No. 1973-44-UP, and designated with Site Code No. 0838040001.
    Said facility is commonly known to the Agency as Jersey Sanitation
    Landfill.
    3. That Respondent has operated said facility at all times
    pertinent hereto.
    4. That on December 17, 1987, Richard Johnson, 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.
    87— 273

    VIOLATIONS
    On the basis of direct observation of Richard Johnson, 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 111. Rev. Stat. 1985,
    ch. 111½, par. 1021(d), in a manner which resulted in the following
    condi tions:
    A. That inspection of said landfill facility on December 17, 1987
    cfisclosed that said facility had been operated in the following
    manner:
    A.1. That said facility had uncovered refuse remaining from a
    previous operating day, in violation of Ill. Rev. Stat. 1986
    Supp., ch. 111½, par. 1021(p)(5).
    A.2. That said facility had failed to provide final cover within
    time limits established by Illinois Pollution Control Board
    Regulations, in violation of 111. Rev. Stat. 1986 Supp.,
    ch. 111½, par. 1021(p)(6).
    A.3. That said facility had failed to timely submit financial
    assurance reports as required by 35 111. Adm. Code 807.602(b),
    in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par.
    lO2l(p)(11).
    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 Paragraphs A.1 through A.3, for a total of Fifteen Hundred (Z1,500.OD)
    Dollars. Additionally, should you elect to petition the Illinois
    2
    87—274

    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 March
    20, 1988. 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, 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
    3
    87— 275

    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
    ADJIINISTRATIVE 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.
    /~
    ~
    ~
    ~
    Richard J. Carlson, Director
    Illinois Environmental Protection Agency
    Date: February 5, 1988
    87—27 6

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