ILLI~~OI~
POLLU1ICi’~CO~TRCL BOARC
September
4,
1987
IN THE
MATTER
OF:
RALPH
CRESCENZO and
)
AC 87-78
FIRST NATIONAL
B~flK
OF CHiCAGO
)
(ILPA Docket No. 8492-i~C)
HEIGHTS
)
Respondents.
ORDER OF THE BOARD:
T~iis
matter
comes before
the Board
upon
a July
17,
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 Ralph Crescenzo on July
16,
1987.
The Agency alleges that Ralpn Crescenzo
has violated
Sections
2l(p)(5),
2l(p)(9),
2l(p)(ll)
and 21(p)(7)
of the Act.
The statutory penalty establisned
for each
of these violations
is
$500.00 pursuant to Section 42(b)(4)
of
the Act.
Ralph Crescenzo has not tiled
a Petition
for Review with the
Clerk of the Board within
35 days
of the date of
service
as
allowed by Section 3l.l(dh2)
of the Act.
Therefore, pursuant to
Section 31.l(d)(l),
the Board
finds
that Ralph Crescenzo has
violated each and
every provision alleged
in the Aãministrative
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 Ralph
Crescenzo shall,
by certified check
or money order payable
to the
State
of
Illinois
and designatea
for deposit
into
tne
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.
81—93
I,
Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~
day of
~7~-~j~c’
,
1967
by
a vote of
~
/(
~
~
~
Dorothy
M.
Gunn,
Clerk
Illinois Pollution Control Board
81—94
~ECT
C
?
CEC
R~L~H
cRE~::~:o,
k1’~
Resn~n:
)
IEPA
DOCKET
~O. 8f.92~~AC
arid
F:~ST ;T:c~L
~A~K
CF
c~:cAG3HE:GHTS,
)
Trustee
for
Trust
Res~3rcen:.
)
and
)
Ur,~no~.n
Trust
3cr
ic~cHes,
Res:snc~nts.
)
3UPSD~CTiOU
Th~~
Ad~inis:ra:iveCitction is issued pursuant
to the
authority
vested
in
the
Illinois
Environmental
Protection Agency
by. Public
Act
8.~—132O (Ill.
Rev.
Stat.
l9os,
Sucp.,
ch. 11I~,par.
1031.1).
FACTS
1.
That Respondent,
Ralph
Crescenzo,
is the present owner and
operator of
a facility located
in
the County
of Cook,
State of Illinois.
2.
That Respondent,
First Hational
Bank of Chicago Heights,
as
Trustee for Trust e449,
is
a
present
owner
and operator of
a facility
located
in
the County of Cook,
State of Illinois.
3.
That said unknown trust Beneficiaries
of Trust #4439 are
present operators
of
a facility located
in the County of Cook,
State
of
Illinois.
4.
That said facility
is operated as
a
sanitary landfill, opera-
ting without
an
Illinois Environmental Protection ~gencyOperating
Permit and designated with Site Code Ho.
0310450034.
81—95
5.
Th,.~
~r~:::n::
u~v~
n~.rr~dand
o~sratedsaid
facilitr
at
S1
tr’:~~~
r~r~r5
~
737.
Giryt
Bruri
and
?hvl
1 is
A.
Reed,
of
t~:~i~ En’.~r-or:~entaiProtection Aaency, inspected
the above—
described landfill
fecilit,.A
co~.’of the inspection report
setting
forth the results
of
such
1nSPCCOUn
is
att:chec
hereto
and
made
a
part
h~r~of.
VIOL
T
C
S
On
th~basis
of
direct
observation
of
Gino
Bruni
and
Phyllis
Reed,
the
Illinois
Environmental
Protection
Agency
has determinea that
Resoondenes
were
conductin:
an
unpermitted
landfill
operation
at
tre
above-described
facility,
which
is
required
to
have
a
permit
pursuant
to
ill.
Rev.
Stat.
1985,
ch.
111~,par.
1021(d), in
a manner which
resulted
in the following conditions:
A.
On
May
21,
1987,
said landfill
facility had uncovered
refuse remaining from
a previous operating day,
in
violation of
Ill.
Rev.
Stat.
1986 Supp.
,
ch. 111~,
par.
iO2i(p)(S).
B.
On
May
21,
1987,
refuse had previously been deposited
in
an unpermitted portion of said landfill,
in viola-
tion of
Ill.
Rev.
Stat.
19S6 Supp.,
ch.
111~,par.
1021(p) (9).
C.
On
arid
prior to
May
21,
1987, said landfill
had
failed
to submit reports required by permits
or
Board
Regulations,
in
violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch. 111~,par.
lO2l(p)(ll).
2
81—96
I
auc~ill
had
oreviousii
a~~ua::’u.i
t, c~r~:rcte,brick and
scrap
steel
u~ssar.
pr”iitS~
in
violation
of
:11.
0ev.
Stat.
1935
Suso.
,
ch.
11l~, par.
1O2l(p)(7).
~
,-~,
L
r
._
~.
L
?urtu5nt
to
°ublicOct
8.’.-1320
(ill.
Rev.
Stat.
1986 Sure.,
ch.
nor. iCO2~5)•-)~
,
Resoonoenc herein
is
subject
to
a civil
~er.alty
of Five kundr~cDollars (~53C.CO)
for each violation snecified
abo’.’e
in Paracrarns
.0 throupu
B,
for
a total
of Two Thousand (32,000.03)
Dollars.
Additionall.’,
should you elect
to petition the Illinois
Pollution Control
Board under the review
process described hereinbelow,
and if there
is
a fincing
of toe 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 Au:ust
22,
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 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
3
81—97
Choucrill
~.
:.~.
:~ :i::~,3nri’~field, :llincis
62794—9275.
Also, obese cc-rIot:
an:
~esor
tu~
urcboseo Remittance
Form,
along
th
vc~roa.--’au:
to aos:~erumor
005umeri:oticn of
payment.
If
an.
civil
cenaity,
be
reason
of
acknowledgment,
default
or
fincing
after
amjudi::sor~ hearinc,
is
not
paid
when
due;
the
Illinois
En’.’i rcnm~nealPuctecti on
.Ocenc;
shall
take
into
consideration
such
failure
to
no
corns cry rermi
t
review
process
upon
your
application
for
a
no:
permit
or
for
ron-mel
of
an existinc Dermit.
Furthermore,
if
:avment
is
rot
re:ei
vod wren
due,
the
Offi tes
of
the
Illinois
Attorney
General
shall
be
recuestea
to
initiate
proceedings
in
Circuit
Court
to
collect
saic
civil
~enaity.
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
litiaation.
PROC~DUP~
FOR COrTEST~GTHIS
r~T.
_•~(~
I
t~-~
ii
•
~—.
You have the right
to contest this Administrative Citation.
~
Public
Act
34-1320
(ill.
Rev.
Stat.
1985
Suep.,
ch.
lll~,
par.
1031.1).
Ii
you
elect
to
contest
trio
Adm~nistrativeCitation,
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
4
81—98
:11
~:
~
Pa:
Coon
h,
Suits
11-SOB,
Chi coco.
Illmis
53601;
and,
a
car.
oi
acid
Cet:tion
for
Review
filed
with
the
Iiiinoi~
En-.-irom-cntol C’~at:c:i~r-cerc:
at
2200
Churchill
Road,
P.O.
Box 1~T5,
Sprinsf~~Jd.:llino’s
5790_975, Attention:
Enforcement Services.
I
i
r
~
~T.
Ricn~r~
~.
LQrlson,,DirecLor
~ll~no:s
cnvironm~jrcaiProLecLion ~cency
Date:
July
10,
1937
5
81—99