ILLINOIS POLLUTION CONTROL BOARD
October
1,
1987
IN THE ~1ATTER OF:
CITY OF WOOD RIVER
)
AC 87—85
(IEPA Docket No.
8537—AC)
Respondent.
ORDER OF THE BOARD:
This matter
comes before
the Board
upon
an August
20, 1967
filing
of an Administrative Citation pursuant
to Section
31.1
of
the Illinois Environmental Protection Act
(i~ct) by the Illinois
Environmental Protection Agency (Agency).
A copy of
that
Administrative Citation
is attached hereto.
Service
of
the
Administrative Citation was made upon City of Wood River
on
August
19,
1967.
The Agency alleges
that the City of Wood River
has violated Sections 2l(p)(5),
2l(p)(7),
2l(p)(4),
21(p)(l)
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
tne Act.
The City
of Wood River
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 31.1(d)(l),
the Board finds
that the City of Wood
River
has violated each and every provision alleged
in
the
Administrative Citation.
Since there are five
(5)
such
violations,
the
total penalty
to be
imposed
is set
at
$2,500.00.
It
is hereby ordered
that,
unless
the penalty has already
been paid, within
30 days of
the date of this Order
the City
of
Wood River 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
$2,500.00 which
is to be sent to:
Illinois Environmental Protection agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
82—133
I, Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certif~’that the above Order was adopted
on the
/A~4
day of
,
1987 by a vote
of
~
Dorothy M.’Gunn,
Clerk
Illinois Pollution Control Board
82—134
~\
A~JS2O19B7
~
ILLINOIS
ENVIRONMENTAL
PROTECTION
_________________________
ADMINISTRATIVE CITATION
IN THE
MATTER
OF:
)
—
,42~i7
I
JEAN
STANLEY,
CLERK,
)
IEPA
DOCKET
NO.
8537-AC
CITY
OF WOOD
RIVER,
a municipal corporation
)
in the State
of
Illinois,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to the authority
vested
in the
Illinois Environmental Protection Agency by Public Act
84—1320
(111.
Rev.
Stat.
1986, Supp.,
ch.
111½,
par.
1031.1).
FACTS
1.
That Respondent, City of Wood River,
is the present operator
of
a facility located
in
the County of Madison, State of Illinois.
2.
That said facility is operated as
a
landfill, operating with-
out an
Illinois Environmental Protection Agency Permit and designated
with Site Code No.
1191150004.
Sais facility is commonly known
to
the Agency as Wood River/Municipal.
3.
That Respondent
has operated said facility at
all
times pertinent
hereto.
4.
That on June
30,
1987, Randy
Ballard, of the Illinois Environmenta~
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.
82—135
VIOLATIONS
On the basis
of direct observation of Randy
Ballard, the Illinois
Environmental Protection Agency has determined that Respondent was
conducting
an
unpermitted
landfill operation at
the above-described
facility, 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:
A.
On June 30,
1987, operated said unpermitted landfill facility
with uncovered refuse remaining from
a previous operating day,
in viola-
tion of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
lO2l(p)(5).
B.
Inspection of said unpermitted
landfill
facility on June
30,
1987 disclosed the acceptance
of wastes without necessary permits,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(7).
C.
Inspection of said unpermitted landfill
facility on
June
30,
1987 disclosed the open burning
of refuse,
in
violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
111½,
par.
1021(p)(4).
D.
Inspection of
said unpermitted
landfill facility on June
30,
1987 disclosed refuse
in standing or flowing water,
in violation
of Ill.
Rev.
STat.
1985 Supp.,
ch.
111½, par.
lO2l(p)(l).
E.
Inspection of said unpermitted
landfill facility
on June
30,
1987 disclosed
the deposition
of refuse
on
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.
lO42(b)(4)), Respondent herein
is
subject
to
a civil
penalty
2
82—136
of
Five Hundred Dollars
(550D.OO) for each violation specified above
in
Paragraphs A through
E,
for
a
total
of Twenty Five Hundred ($2,500.00)
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 acknowledge the violations cited hereinabove,
the civil
penalty specified above shall
be due and payable no
later than September
29,
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
3
82—137
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 Generals 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—1 320 (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.
C
(~
~
Richard
J.
Carlson, Director
Illinois Environmental Protection Agency
Date:
August
18,
1987
4
82—138