ILLINOIS POLLUTION CONTROL BOARD
January 21, 1988
IN THE MATTER OF:
LeROY BROWN & SON
)
AC 87—121
(IEPA Docket No. 8726—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a December 14, 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 LeRoy Brown and Son on
December 14, 1987. The Agency alleges that LeRoy Brown and Son
has violated Sections 2l(p)(5) and 21(p)(ll) of the Act. The
statutory penalty established for each of these violations is
$500.00 pursuant to Section 42(b)(4) of the Act.
LeRoy Brown and Son 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 LeRoy Brown and Son has
violated each and every provision alleged in the Administrative
Citation. Since there are two (2) such violations, the total
penalty to be imposed is set at $1,000.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order LeRoy Brown
and Son 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 $1,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
IT IS SO ORDERED.
85—279
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
.~/t~-~-
day of
,
1988 by a vote of
7—0
Dorothy M. unn, Clerk
Illinois Pollution Control Board
85—280
ILLINOIS E VI~CNMENTAL PROTECTION
iIIN1STRATIVE CITATION
IN THE MATTER OF:
)
LeRoy Brown & Son, Inc.
~
Respondent.
)
IEPA DOCKET NO. 8726-AC
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, is the present operator of a facility
located in the County of McDonough, State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1974—32-OP #2, and designated with Site Code No. 1098100003.
Said facility is commonly known to the Agency as Macomb/Brown No. 2.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on October 28, 1987, Tim Case, 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 Tim Case, the Illinois
Environmental Protecticn Agency has determined that Respondent was
85—281
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 October 28, 1987, operated said landfill facility with uncovered
refuse re~aininc, from a orevicus operating day, in violation of
Ill.
Rev.
Stat. 1986 Supo.
,
ch. 111½, par. 1021(p)(5).
B. On October 28, 1987, operated said landfill facility while having
failed to submit financial assurance reports required by Board
regulations, in violation of Ill. Rev. Stat. 1986 supp., ch. 111½,
par. l021(p)(11).
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 Paragraphs A and B, for a total of one thousand ($1,000.00) 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 ackncwledge the violations cited hereinabove, the civil
penalty specified above shall be due and payable no later than January 25,
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
2
85— 282
Citation, any judgment rend2red against you shall specify the due date
of the statutor~’civil ~enaltyand 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. ~ox 1~276, Srringfield, 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 Aaency 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. See
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 Protecticn Agency. Such Petition for Review
3
85—283
must be filed within thirty—five (35) days of the date of service of
this Administrative Citaticn, or a default judgment shall be entered
by the Pollution Control Thard. The Petition for Review may be filed
with the Clerk cf 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. Ca~~~on,
C~.~
Director
Illinois Env~~nmentalProtecti~?ñiAgency
Date: December 10, 1987
85—284