ILLINOIS POLLUTION CONTROL BOARD
February 25,
1988
IN THE MATTER OF:
CITY OF METROPOLIS,
)
AC 88—2
(IEPA Docket
No.
8751—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 Metropolis
on
January
6,
1988.
The Agency alleges that the City of Metropolis
has violated Sections 2l(p)(5),
21(p) (12),
21(p)(7), 21(p)(4),
2l(p)(l),
2l(p)(9)
and 2l(p)(lO)
of
the Act.
The statutory
penalty established
for each
of these violations
is $500.00
pursuant to Section 42(b)(4)
of the Act.
The City of Metropolis 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 3l.l(d)(1),
the Board finds
that the City of
Metropolis has violated each and every provision alleged
in the
Administrative Citation.
Since
there are seven
(7)
such
violations,
the total penalty
to be
imposed
is set at
$3,500.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within 30 days of the date of this Order
the City of
Metropolis 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
$3,500.00 which
is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT IS SO ORDERED.
—2—
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
hat the above Order was adopted on the
~~1~day
of
,
1988,
by a vote of
7—o
Ill
S
on Control Board
86—458
ILLINOIS ENVIRONMENTAL PROTECTION
~
POtU~T~PoA~J
ADMINISTRATIVE CITATION
IN THE
MATTEROF:
)
4c~
~~2
CITY
OF
METROPOLIS,
)
IEPA DOCKET NO. 8751-AC
a muncipal 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 (Iii.
Rev.
Stat.
1986, Supp., ch.
111½, par.
1031.1).
FACTS
1.
That
Respondent,
CITY OF METROPOLIS,
is
the
present
operator of a facility located in the County of Massac, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1973-11,
and
designated
with
Site
Code
No.
1278540004.
Said facility is coninonly known
to the Agency as Metropolis/Municipal.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
December
1,
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
86—459
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 1,
1987,
said landfill
had uncovered refuse remaining
from a previous operating day,
in violation of Ill.
Rev. Stat.
1985,
ch.
111½,
par.
1021(p)(5).
B.
On December
1,
1987, said landfill
had failed to collect and contain
litter from a previous operating day,
in violation of Ill. Rev.
Stat.
1985, ch.
111½,
par.
1021(p)(12).
C.
On or prior to December 1,
1987, said landfill had accepted special
wastes without necessary permits,
in violation of Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1021(p)(7).
D.
On December 1,
1987,
said landfill had refuse openly burning,
in
violation of
Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1021(p)(4).
E.
On December
1, 1987,
said landfill had refuse in standing or flowing
water, in violation of
Ill.
Rev.
Stat.
1985, ch.
111½, par.
1021(p)(1).
F.
On or prior to December 1,
1987,
said
landfill was depositing refuse
in an unpermitted portion of said landfill,
in violation of Ill.
Rev.
Stat.
1985,
ch.
111½, par.
1021(p)(9).
G.
On or prior to December
1,
1987,
said landfill had accepted special
wastes without required manifests, in violation of Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1O21(p)(10).
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
86—460
2
of
Five
Hundred
Dollars
($500.00)
for
each
violation
specified
above
In
Paragraphs
A through G,
for
a
total
of three thousand five hundred
($3,500.00) 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 13, 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
86—461
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
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. Car
o
,
Director
Illinois Envir
ntal
Protection Agency
Date:
January
5,
1988
86—462