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.
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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.
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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
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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
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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.
/~
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Richard J. Carlson, Director
Illinois Environmental Protection Agency
Date: February 5, 1988
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