ILLINOIS POLLUTION CONTROL BOARD

November 19, 1987

IN THE MATTER OF:

CITY OF HERRIN       

)

AC 87—95

(IEPA Docket No. 8567—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a September 21, 1987

filing of an amended Administrative Citation pursuant to Section

31.1 of the Illinois Environmental Protection Act (Act) 

the

Illinois Environmental Protection Agency (Agency). A copy of

that amended Administrative Citation is attached hereto. The

Agency alleges that the City of Herrin has violated Sections

21(p)(S), 21(p)(ll) and 21(p)(9) of the Act. The statutory

penalty established for each of these violations is $500.00

pursuant to Section 42(b)(4) of the Act.

Therefore, pursuant to Section 31.l(d)(l), the Board finds

that the City of Herrin has violated each and every provision

alleged in the amended Administrative Citation. Since there are

three (3) such violations, the total penalty to be imposed is set

at $1,500.00.

It is hereby ordered that, unless the penalty has already

been paid, within 30 days of the date of this Order the City of

Herrin 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 $1,500.00 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adooted on the

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day of 

Ah~~,,,oe~e-

1987 by a vote of 

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Dorothy M/ Gunn, Clerk

Illinois Pollution Control Board

83—137

ILLINOIS ENVIRO MENTAL PROTECTION AGE~1 ~

AMENDED ADMINISTRATIVE

CITATION

THE F4ATTER 

OF:

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CITY OF HERRIN              

)

IEPA 

DOCKET NO.

8567-AC

a municipal corporetion of

the State of Illinois

JURISDICTION

This Amended Administrative Citation is issued pursuant to the

authority vested in the Illinois Environmental Protection Agency by

Public Act 84—1320 (Ill. Rev. Stat. 1986, Supp., ch. 111½, par. 1031.1).

FACTS

1.  That Respondent, City of Herrin, is the present operator

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

2.  The original Administrative Citation in this case was served

upon Respondent on September 8, 1987.

3.  That said facility is operated as a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1975—62, and designated 

with

Site Code 

No.

1998580001. Said facility

is commonly known to the Agency as Herrin/Municipal Landfill.

4.  That Respondent has operated said facility at all times pertinent

hereto.

5.  That on July 24, 1987, Thomas Ednonson, of the Illinois Environme

Protection Agency, inspected the above-described landfill facility.

A copy of the inspection report setting forth the results of such inspectio

attached hereto and made a part hereof.

83—138

V0~TIONS

On the basis of direct observation of Thomas Edmonson, the Illinois

Environmental Protection Agency has determined that Respondent was

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 July 24, 1987, said landfill facility had uncovered refuse

remaining from a previous operating day, in violation of Ill. Rev.

Stat. 1986 SuDp., ch. 1l1.~, par. 1O27(p)(5).

B.  On and prior to July 24, 1987, said landfill facility had

failed to submit reports required by permits or Board regulations,

in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1021(p)(ll).

C.  On and prior to July 24, 1987, said landfill facility had

deposited wastes in an unpermitted portion of said facility, in viola-

tion of Ill. Rev. Stat. 1986 Supp., oh. lll~,par. lO2l(p)(9).

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 (5500.00) for each violation specified above

in Paragraphs A-C, for a total of Fifteen Hundred ($1500.00) 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

2

83—139

by the Illinois Environmental Protection Agency and the illinois Pollution

Control Board, in addition to the ~ive Hundred Dollar (SEUO.OO) 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 October

27, 1987. If you do not petition the Illinois Pollution Control Board

for review of this Administrative Citation within thirty-five (35)

days of service hereof 

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, 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

civil penalty, and hearing costs of the Illinois Environmental Protection

83—140

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

A1~INISTRATI~JECITATION

You have the right to contest this Administrative Citation. See

Public Act 84-1320 

(111. Rev.

Stat. 1986 Supp., ch. 111½, par. 1031.1).

you

elect to contest this Acminisorative 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.

• .,-~

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~chard 

Carison, Director

Illinois Environmental Protection Agenc

September 18, 1937

83— 141