ILLINOIS POLLUTION CONTROL BOARD
    March 24, 1988
    IN THE MATTER OF:
    )
    DONALD JONES,
    )
    AC 88—10
    (IEPA Docket No. 8827—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. Service of the
    Administrative Citation was made upon Donald Jones on February
    10, 1988. The Agency alleges that Donald Jones has violated
    Sections 2l(p)(5) and 2l(p)(l) of the Act. The statutory penalty
    established for each of these violations is $500.00 pursuant to
    Section 42(b)(4) of the Act.
    Donald Jones 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 3l.l(d)(l), the Board finds that Donald Jones 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 Donald Jones
    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.
    87—253
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif that the above Order was adopted on the
    ________
    of
    ,
    1988, by a vote of__________
    Dorothy M. unn, Clerk
    ,4L
    Illinois Pollution Control Board
    87—254
    ILLINOIS ENVIRONMENTAL PROTECTION
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    )
    DONALD JONES,
    )
    IEPA DOCKET NO. 8827-AC
    Respondent
    ) ~
    JURISDICTION
    This Administrative Citation is issued pursuant to the authority
    vested in the Illinois Environmental Protection Agency by Public Act
    84-1320 (Iii. Rev. Stat. 1986, Supp., ch. 111½, par. 1031.1).
    FACTS
    1. That Respondent, Donald Jones, is the present operator
    of a facility located in the County of Pulaski, State of Illinois.
    2. That said facility is operated as a sanitary landfill,
    operating under Illinois Environmental Protection Agency Operating
    Permit No. 1972-OP—26, and designated with Site Code No. 1530150002.
    Said facility is commonly known to the Agency as Mounds/Delta Regional.
    3. That Respondent has operated said facility at all times
    pertinent hereto.
    4. That on December 17, 1987, Thomas Edmondson, 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—255
    VIOLATIONS
    On the basis of direct observation of Thomas Edniondson, 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 December 17, 1987 operated said landfill facility with uncovered
    refuse, remaining from a previous operating day, in violation
    of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1021(p)(5).
    B. On December 17, .1987 operated said landfill facility with refuse
    in standing or flowing water, in violation of Ill. Rev. Stat.
    1986 Supp., ch. 111½, par. lO2l(p)(l).
    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 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.
    2
    87— 256
    If you acknowledge the violations cited hereinabove, the civil
    penalty specified above shall be due and payable no later than March
    16, 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 Environnental Protecti~~nTrust fund arid mailed to the attention
    of
    Fiscal ~rvices.
    1~llinos Environmental Protection A9ency~ 2200
    Churchill
    Road, P.O. ~ox 19276, Springfield, Illinois 62794—9276.
    Also, please com~lete and return the enclosed Remittance Form, along
    wit~your
    p~yr~ent,to assu~-e proper documentation of payment.
    If
    any
    civil pen~ity, by reason of ~cknowiedoment) defau~t nr
    f~ndin~jafter adjudicatc’ry hearing~is not paid when due; the 11
    Environr~ent~lProtection Agency shall take into corisidoraticn such
    faii~ire to pay dLring any pe~mit review process upon your ~.ppl~Caticfl
    for a new permit or for renewal of an existing permit.
    Furthe.r~nove,
    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 Pollut~ori Control Board, if any; the Attorney
    General’s Office will seek to recover their costs of litigation.
    87-257
    PROCEDURE FOR CONTESTING THIS
    ADt’lINISTRATIVE CITATIOII
    You have the right to contest this Administrative Citation. See
    Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., oh. 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 Ayency at 2200 Churchill Road, P.O. Box 19276,
    Springfield, Illinois 62794-9276, Attention: Enforcement Services.
    ~
    ~
    ~.
    ~-~-
    ~.
    ~chard J. Carison, Director
    Illinois Environmental Protection Agency
    Date: February 5, 1988
    87—258

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