ILLINOIS POLLUTION CONTROL BOARD
February 25,
1988
IN THE MATTER OF:
JOSEPH THOMAS,
)
AC 87—132
(IEPA Docket No.
8747—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a December
31,
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 Joseph Thomas on January
4,
1988.
The Agency alleges that Joseph Thomas 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.
Joseph Thomas 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 Joseph Thomas 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 Joseph Thomas
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.
86—439
—2—
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify
th
t
the above Order was adopted on the
~
day of
,
1988, by
a vote
of
1ô
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
86—440
I
CEC3h98~ HI
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
ADMINISTRATIVE CITATION
IN THE MATTER
OF:
)
é2-z3~-
JOSEPH THOMAS,
)
IEPA DOCKET
NO. 8747-AC
Respondent.
)
JURISDftTION
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,
Joseph Thomas,
is
the
present
operator
of a facility located
in the County of Vermilion, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1974-44-OP,
and
designated
with
Site
Code
No.
1838040009.
Said facility is comonly known to the Agency as Thomas 12th Street Land.~
fill.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
November
17,
1987, William Zierath,
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.
VIOLATIONS
On
the basis of direct observation of William Zierath, the Illinois
Environmental
Protection
Agency
has
determined
that
Respondent
was
86—441
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 November 17,
1987,
said landfill facility had uncovered refuse
remaining from a previous operating day,
in violation of
Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1021(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
each
violation
specified
above
in Paragraph A,
for
a
total
of
five hundred ($500.00) 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.
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than Feb-
ruary
6,
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.
86—442
2
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
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.
~
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
86—443
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, P0.
Box
19276,
Springfield,
Illinois
62794—9276, Attention:
Enforcement Services.
Richard J. Carls9fulDirector
Illinois Environbwf~ta1 Protection Agency
Date:
December 29,
1987
86—444