ILLINOIS POLLUTION CONTROL BOARD
January 21,
1988
IN THE MATTER OF:
CITY OF CASEY
)
AC 87—118
(IEPA Docket No.
8718—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a December
10,
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 the City of Casey on
December
9, 1987.
The Agency alleges
that
the City of Casey has
violated Sections 21(p)(S),
2l(p)(7),
21(p)(lO)
and 21(p) (12)
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 Casey 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.l(d)(l),
the Board finds
that the City of Casey has
violated each and every provision alleged
in the Administrative
Citation.
Since there are four
(4)
such violations,
the total
penalty
to be imposed
is set
at $2,000.00.
It is hereby ordered
that,
unless the penalty has already
been paid, within
30 days of the date
of this Order the City of
Casey
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 $2,000.00 which
is to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
85-263
I, Dorothy
ri. Gunn, Clerk of
the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~/-~2.-~-day of
,
1988 by a vote of
7—C
Illino
Control Board
85—264
IN THE ?1ATTEP~ OF:
CITY OF
CASEY,
a
municipal
corporeticil
of
t~i~
~.c~te
of
Illinois,
Respondent
This
Administrative
vested
in
the
Illinois
84-1320
(Ill.
Rev.
Stat.
)
~?-//r
JEPA
DOC~(ETNO.
8718-AC
(fl?
~?.~P1T
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PROTECTION
AGENCY
1( i~T~’\TT’~
CITATI C~I
JURISDICTION
Citation
is
issued
pursuant
to
the
authority
environmental
Protection
Agency
by
Public
Act
i~33,
Supp.,
ch.
11i~,,par.
1031.1).
FAC
T~
1.
That
Respondent,
City
of
Casey,
is
the
present
owner
and/or
operator
of
a
facility
located
iii
the
County
of
Clark,
State
of
Illinois.
2.
That
said
facility
is
operated
ai
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protecticn
Agency
Operating
Permit
No.
1974—45-UP,
and
designated
with
Site
Code
No.
0230050002.
Said
facility
is commonly known
to
the Ayency as
Casey ?iuncipal
1/2.
3.
That Respondent has operated
said facility at all
times pertinent
hereto.
4.
That
on
October
15,
1987,
Karen Nelson,
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.
85—265
•
~
LL.~.)
On
the
basis
cf
dirnct
oh~?rvaticnof
:aren
Nelson,
the
Illinois
Environmental
Protact’:c;i
Ac2no,’~has determined
that
Respondent
was
conducting
a
sanitar”
landfill
cner-~tionat
the
above—described
facility,
which
is
requirnd
t•~h~r;e:~ner~iiteurs~antto
Ill.
Rev.
Stat.
1985,
ch.
111½,
par. 1~1!.~).
in
~m:nr ~‘hichrss~itedin the following
conditions:
A.
On
October
15,
1987,
said
landfill
had
uncovered
refuse
remaining
from
a
previous
operating
day,
in
violation
of
Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1021(n)(5).
B.
On or
prior to October
15,
1987,
said landfill
accepted waste
without necessary permits,
in violation of Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1O21(p)(7).
C.
On or prior
Lo October
15,
1987,
said landfill accepted special
waste without
a required manifest,
in violation of Ill.
Rev.
Stat.
1985,
ch.
111½,
par 1021(p)(1O).
D.
On October
15,
1987, said landfill
had failed
to collect
and contain litter from the
site by the end of the previous operating
day,
in violation of
Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1021(p)(l2).
CIVIL PENALT?
Pursuant
to Public Act 84—1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par. 1O42(b)(4)),
Respondent herein
is
subject
to
a civil
penalty
of Five Hundred Dollars (~500.O0) For each violation specified above
in Paragraphs
.4-0, for
a total
of t’~~othousand
($2,000.00) dollars.
Additionally, should you elect
to petition the Illinois Pollution Control
Board under the review process described hereinbelow,
and
if
there
85—266
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 ackncwledne the violations
cited hereinabove,
the civil
penalty specified above
shall
be due and payable
no later than January 16,
1988.
II 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
Protecticn 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,
be
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
3
85—267
civil
penalty
,
~nd
‘~~rirr.
~he Illinois Environmental Protection
Agency and the
Iii~c~:7ci1Y~~~r;roi
Soard,
if
any;
the
Attorney
GeneraFs Office ‘Y?l ~eekto ~ecc’;er
their costs of litigation.
CC~J7.EFOR CONTESTING THIS
.~:cISTRATI7ECITATION
You have the ~—ht to cnntast this
Administrative
Citation.
See
Public
Act
84—1020
(I~?. 7ev.
oa:.
I~G6Su~o., 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) cays of the date of service of
this Administrative Citation, or
a default judgment shall
be entered
by the Pollution Control
Soars.
The
Petition
for Review may be
filed
with the Clerk of the Iiiiflo~SPollution Control
Board
at the State
of Illinois Center,
1CO west Randolph,
Suite 11—500, Chicago,
Illinois
60601; and,
a copy Cf said Petition for Review filed with the
Illinois
Environmental
Protecticri Agency
at
2200 Churchill
Road,
P.O.
Box
19276,
Springfield, Illinois
62794-9276, Attention:
Enforcement Services.
I•~--~.•••—-
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,
L~—,
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~ichardJ.Carlson,Director
~i’
rilinois Environmental
Protection Agency
Date:
December 8,
1937
85—268