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

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