ILLINOIS POLLU~ION CCNT1~CL BOARD
October 1, 1987
IN THE MATTER OF:
ENERNET INDUSTRIES and
)
AC 87—83
BETTY KALE
)
(IEPA Docket No. 8533~-AC)
Respondents.
ORDER OF THE BOARD:
This matter comes before tue Board upon an August 14, 19~7
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 Enermet Industries on
August 13, 1987. The Agency alleges that Enermet Industries has
violated Sections 2l(p)(7) and 2l(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.
Enermet Industries 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 31.l(d)(1), the Board finds that Enermet Industries 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 $l,010.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of tne date of this Order Enermet
Industries shall, by certified check or money order payable to
the State of Illinois and designateà for deposit into the
Environmental Protection Trust Fund, pay a penalty in the amount
of Sl,000.0U which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Criurchill Road
Springfield, IL 62706
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi~ythat the above Order was adopted on the
/4~
day of
~
,
1987 by a vote of
(~—o
Dorothy M. ‘Gunn, Clerk
Illinois Pollution Control Board
82—128
A~J~1 4 1P57
ILLINOIS ENV1R0~MENTAL PROTECTION AGENCY
-
L~
ADMINISTRATIVE CITATION
L~,.
~
IN
THE
MATTER
OF:
)
ENERMET INDUSTRIES, a Deleware
) ~
Corporation, licensed to do
)
IEPA DOCKET NO. 8533-AC
business in Illinois; and
BETTY KALB
JURISDICTION
This 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, ENERMET INDUSTRIES, is, and at all times
pertinent hereto has been, the owner of certain real estate located
in the County of Peoria, State of Illinois and identified by the Illinois
Environmental Protection Agency as Site Code Number 1430650049.
2. That on information and belief, the Illinois Environmental
Protection Agency alleges that Respondent, ENERMET INDUSTRIES, has
leased said real estate to others doing business under the name of
A.A. Auto Parts.
3. That Respondent, BETTY KALB, operated said A.A. Auto Parts
facility at the time of inception of the violations alleged hereinbelow.
4. That said real estate and facility has been used and operated
as an unpermitted landfill.
82—129
5. That on June 17, 1987, John G. Tripses, of the Illinois Environment~
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 John G. Tripses, the Illinois
Environmental Protection Agency has determined that Respondents were
conducting an unpermitted landfill operation at the above-described
premises, which is otherwise 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:
1. Inpsection of said premises on June 17, 1987, disclosed the
prior acceptance of wastes without necessary permits, in violation
of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(7).
2. Inspection of said premises on June 17, 1987, disclosed the
previous deposition of refuse upon an unpermitted site, in violation
of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(9).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., ch.
111½, par. 1O42(b)(4), Respondents herein are jointly and severally
liable for 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,
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82—130
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 (S500.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 September
21, 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
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 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.
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82—131
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 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 3. Carlson, Director
Illinois Environmental Protection Agency
Date: August 11, 1987
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82—132