ILLINOIS POLLUTION CONTROL BOARD

February 25, 1988

IN THE MATTER OF:

CITY OF ANNA,

)

 AC 88-1

(IEPA Docket No. 8750—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a January

7,

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 the City of Anna on January

6,

 1988.

 The Agency alleges that the City of Anna 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.

The City of Anna 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 3l.l(d)(2)

of

 the Act.

 Therefore, pursuant to

Section 3l.l(d)(l),

 the Board finds that

 the City of Anna 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

 the City of

Anna 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—45 1

—2—

I,

 Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board,

 hereby certif~that the above Order was adopted

 on the

 day ~

 1988,

 by a vote of

7—O

Dorothy M.

 nn, Cle

k

Illinois Pollution Control

 Board

86—452

ILLINOIS ENVIRONMENTAL PROTECTION AGE

ADMINISTRATIVE CITATION

IN THE

MATTER

 ~OF:

)

CITY OF ANNA,

)

a municipal corporation of the State

)

 of Illinois,

)

Respondent.

)

JURISDICTION

This

 Administrative

 Citation

is

 issued

 pursuant

to

the

 authority

vested

in

the

 Illinois

 Environmental

 Protection

 Agency

by

 Public

Act

84—1320 (111.

 Rev.

 Stat.

 1986,

 Supp., ch.

 111½, par.

 1031.1).

FACTS

1.

 That

 Respondent,

 CITY OF ANNA,

Is

the

 present

 operator

of a facility located in the County of Union, State of Illinois.

2.

 That

 said

 facility

is

 operated

as

a

 sanitary

 landfill,

operating

 under

 Illinois

 Environmental

 Protection

 Agency

 Operating

Permit

No.

 1973-48,

and

 designated

 with

 Site

 Code

No.

 1818520001.

Said facility is comonly known

 to the Agency as Anna/Municipal.

3.

 That

 Respondent

has

 operated

 said

 facility

at

all

times

pertinent hereto.

4.

 That

on

 November 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.

VIOLATIONS

On the

 basis of direct observation of Thomas Edmondson,

 the Illinois

Environmental

 Protection

 Agency

has

 determined

 that

 Respondent

was

?O~~

1~~/

IEPA DOCKET NO. 8750-AC

86—453

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,

 1978, said

 landfill had uncovered refuse remaining

from a previous operating day,

 in violation of Ill. Rev.

 Stat.

 1985,

ch.

 111½, par.

 1O21(p)(5).

CIVIL PENALTY

Pursuant

 to Public

 Act 84-1320

 (Ill.

 Rev.

 Stat.

1986

 Supp.,

ch.

111½,

 par.

 l042(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—

ruaryl3, 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.

2

86—454

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

new

permit

for

renewal

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

3

86—455

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.

RI

 ard J.

Ca

so

 Director

Illinois Envi

 ntal Protection Agency

Date:

 January 5,

1988

86—456