ILLINCI5 POLLUTION

CONTROL BOARD

October

1,

1987

IN THE MATTER OF:

AC 87—86

BELLEVILLE/PAULE

)

(87—4 AC)

Respondent.

ORDER OF THE BOARD:

This matter

comes before

tne

Board

upon

an August

25,

1987

filing

of an Administrative Citation pursuant

to Section

31.1

of

tne Illinois Environmental Protection Act

(Act)

by tne County

of

St.

Clair.

A copy of that Administrative Citation

is attached

hereto.

Service of

the Administrative Citation was made upon

Belleville/Paule

on August

20,

1987.

The County

of

St. Clair

alleges tnat Belleville/Paule

has violated Sections 21(p)(5),

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.

Belleville/Paule

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 Belleville/Paule has

violated each and every provision

alleged

in

the 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

Belleville/Paule

shall,

by certified check

or money order payable

to the Landfill Citation Fund, pay

a penalty

in the amount

of

$1,500.00,

which

is

to be sent

to:

Paul Haas

County Collector

10

Public Square

Belleville,

Illinois

62220

IT

IS SO ORDERED.

82—139

---

I, Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certi y that the above Order was adopted on the

~

day of

,

1987 by

Dorothy

M. Gunn,

Clerk

82—140

---

p;:.

TATE

OF ILLINOIS

STt~O~

~

~

C~i~.

~

COUNTY

OF

ST.

CL~1R

ADMINISTRATIVE

CITATION

N

THE

ti~TTER’OF:

)

~ELLEVILLE/F-AULE

I~ 178

~‘ernon

Faule

)

87—4 AC

14:1

FrEehLrO

EnL’E

~elleviils~

IL

c::::

~n

Unpermitted

Landfill

Jperat~n~

in

l1)inois

~JUr

EtICTION

Iris

Adm:nistrat:ve

Litetlon

is

issued

pursuant

to

the

~uthor~ty

~ested

jr

the

liI~nc~s

Environmental

Protection

AQency

by

FLbiic

~ct.

B4—1::~)

(Ill.

Rev.

Etat.

1~Ed,

Supp.

,

ch.

111

1/2,

par.

lo::.

.

and

delecated

to

St.

Clair

County

pursuant

to

Iii.

Rev.

Stat.

1~8d,

Bupp.

,

ch.

111

1/2.

par.

i~t:~

(r:

FA 1T

S

1.

That Respondent

is the present

operator

of

a

acility

located

in the County

of

St.

Clair,

State

o-f

Illinois.

2.

That

send facility

is operated

as an unpermitted

landfill

and

is commonly

~:no~n to the Aoency

as

Bell evi 11 e/F’aul e.

That

Respondent

has

operated

said

-facility

at

all times

pertinent

hereto.

4.

That

on

Aucuet

7,

1~87, Donald

R.

Drannon,

of

the

Count,’

of

St.

C~ir.

:nspected

the above—described

land-fill

-facility.

A

copy

c-f

the

inspection

Reports

setting

-forth

the

results

of

such

inspect

i

one

are

att

ached

hereto

and

made

a

part

her ecf.

82—141

---

VIOLATIONS

On the basis

c-f

direct observation

of

Donald Brannon,

the County

c-f

St. Clair has determined

that

Respondent

was

conducting

a landfill

operation

at the above—described

-facility,

which

is required

to have

a

permit pursuant

to

Ill.

Rev.

Stat.

1986,

ch.

111

1/2,

par.

1021(d).

in

a manner which resulted

in

the +ollowin~ conditions:

A.

On

AuQust

7,

1987,

operated said

land-fill

facility

~-::th

uncovered

re-fuse

remaininQ

-from

a

previous

operatino

day,

in violation

of

Ill.

Rev.

Stat.

198h,

ch.

111

1/2.

par.

1021 (P~

(5)

1..

Ln

,~Lst

7~

~

operated

said

la.ncfiii

COilI~y

~~,itT

acceotance

of

wastes

without

necessary

~errrits,

~~~olation

cf

1i1.

Rev.

Stat.

~

Eupp.

ch.

111

1/:.

per.

1021

(F)

(7)

C.

On

Au~ust

7.

1987.

operated

said

land-fill

facility

w:th

the

deposition

of

refuse

in

any

unpermitted

portion

of

the

land-fill

in violation

of

Ill.

REv.

Stat.

198k,

Supp.

,

oh.

111

1/2,

par.

1021(F)

(9).

CIVIL PENALTY

Pursuant

to Public

Act 84—1:20

(Ill.

Rev.

Stat.

1986,

Supp.,

ch.

111

1/2,

par.

1042(b)

(4)

,

Respondent

herein

is subject

to

a

civil

penalty

of Five Hundred

Dollars

(X500.O0)

for

each violation

speci-fied

above

in

F’araaraphs

A,

B,

and

C

-for

a

total

of

One

Thousand

Five

Hundred

Dollars

(315)Q.00).

Additionally,

should

you

elect

to

peti

ti

or,

the

liii

noi

s

FoIl

uti

on

Control

Board

under

the

review

82— 142

---

process

described

hereinbelow,

and

if

there

is

a

finding

of

the

violations

alleoed

herein,

after

an adjudicatory

hearing,

you shall

be assessed

the associated

hearing costs incurred

by the

Illinois

Pollution

Control

Board,

in

addition to the Five Hundred

Dollar

(~:)O.c)o)

statutory

penalty

for each

-finding

c-f

violation.

if

you ackno~1edge the violations

cited hereinabove,

the civil

penalty

specified

above

shall

be

due

and

payable

no later

than

September

~,

1~E7.

I-f

payment

is

not

received

by

such

date,

this

citation

will

he

~c-,-L-:=~dEd

to

the

Illinois

Environmental

Protection

A~ancy

~

jL’f~sncn~

.

if

you

do

not

pet:t:cn

the

Illinois

Pollution

Contro~

Ec-aro

cr

r~-.

s-~•~

o,

this

~~min~

sorati

on

Citation

~-~i

thin

th~rtv—iv~

~

c~

es---~-1ce he’-eo

or

if

you

elect

to

contest

this

Adm~n~

sta~i

~

~-~i

c-n,

any

jud~emsnt

rendered

aaa.i

nst

you

shall

spe-ci

y

the

due

dats-

c-f

the

statutory

ci vii

penalty

and

any

costs

assessed

acainet

‘-~c-i.

When

payment

is

made,

your

check

shc,L’l

d

be

made

payable

to

LANDFILL

CITATION

FUND

and

mailed

to

Paul

Hacs,

County

Collector,

$~10Public

Square,

Belleville,

Ii

6220.

If

any

civil

penalty,

by

reason

c-f

acknowledgement,

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

o-f

an e~iisting

permit.

Furthermore,

if

payment

is

not

received

when

due,

the

St.

Clair

County

Stetes

Attorney

may

initiate

proceedings

in

Circuit

Court

to

collect

said

civil

penalty.

In

addition

to

the

previously

assessed

civil

penalty

and

hearing

costs

of

the

Illinois

Follution

82—143

---

Control

Board,

if

any;

the State’s Atto~ney will

seek.:

to recover

their

costs

of

litigation.

PROCEDURE

FOR

CONTESTING

THIS

ADMINISTRATIVE CITATION

You have the rioht

to

contest

this Administrative

Citation.

See Public

Act

e4—1:-:c:~

(Ill.

Rev.

Stat.

198b,

Supp.,

oh.

111

1/2,

per.

i01.1.

if

yOL

elect

to contest th~s

Administrative

Citation,

YOL

rust

file

a Fetition

for

Review

with the Clerk

of

the Illinois

Foil

uti

on

Cent-c-i

Bo~’-d.

A

cope

c-f

the

Pet~ti

on

for

Review

should

be

~ i led

~-:i~n

tne

S..

Cla:r

County

State

-

s

Astc-rr1e~,

Aooenticn.

\JC~L~

~

or.:

o.

~t

the

~t

.

C~

air

County

Courthouse.

SUch

Peti

tion

-for

rnus~

he

filed

w~

thin

th~rty—fi\’e

~

cave

c-f

the

date

c-f

service

o-f

this

Administrative

Citation,

or

a

default

~ud~ement

shall

he

en~erc-d

by

the

Pollution

Control

Board.

The

Petition

for

Review

ma~•- be

filed

L-~ith the

Clerk

of

the

Illinois

Pollution

Contro

Board

at

the

State

of

Illinois

Center,

100

West

Randolph,

Suite

11—500,

Chicago,

Illinois

60601;

and

a

copy

of

said Fetition

for

Review

filed

with

the State~s Attorney

at

the

St.

Clair County

Courthouse.

JOHN BARICEVIC

Stetes

Attorney

August

20,

1987

—

BY:

St.

Clair

County

Fublic

Health

ate’s

Attorr

82—144

---

STATE

OF

ILLINOIS

~:

~

-_-

-

COUNTY OF

ST.

CLAIR

AFFIDAVIT

IN THE MATTER

OF:

BELLEV I LLE/PAULE

Vernon

Paule

)

87—4

AC

l4~:1

Freeburg

A\-e-nue

Believille,

IL

6222’)

An

Unpermitteo

Landfill

D~srat:r~

in

1~lino:s

~-f-~ii-nt.

ena~d

F..

Erar.nen

beinc

-f:ret

duly

sworn,

ecluntaril

deposes

and

states

~:

1.

A~f~ant

is

a

field

inspector

employed

by

the

So.

Cleir

County

Health

Department

and

certified

by

the

Illinois

Environmenta.l

Procection

Ao~n~yand

has

been

so

employed

at

all

times pertinent

her etc.

2.

On

Auoust

7,

1987.

between

1:~)

p.m.,

and

4:00

p.m.,

end

Affient

conductec

an

inspection

of

the

unpermitted

sanitary

landfill

in

St.

Clair

County.

illinois,

known

as Belleville/Paule.

operating

without

a permit from the

Illinois Environmental

Protection

Agency.

A-f-fiant inspected

said Belleville/Faule

site

by

an on—site

inspection

which included

walking

the

site.

4.

After

said

inspection

of

said

landfill

site,

Affiant

investigated

into whether

or not any

Illinois Environmental

Frotection

Aaency permits

had

been

issued to the subject

site.

82—145

---

5.

As a result

of

the activities

referred

to

in Paragraphs

3

and

4 above,

A-ffiant completed

the Inspection

Report

-form

attached

hereto

and made

a part

hereo-f,

which,

to

the best

of

A-F-fiants

knowledge

and

belief,

is

an accurate representation

of

Affiants

observations

and

-factual

conclusions

with respect

to

the

Belleville/Faule

Landfill.

ic-

~e-~ore

n,~

this

10.-h

da-.-

u-~ ~-vr~t

eJ

/~

~

-

-

-

.—~---‘-‘

/

~

-

--

,:

—-

—

IJotary

F

‘LI

~c

82—146

---

CL~~

L

COJ:~

~

HEJ-~JK

DEPARTt~ENT

REMiTTANCE

FORM

IN

THE

KATTER

OF:

BELLEVILLE/PAIJLE

Vernon Paule

1401

Freeburg Avenue

Be11e~-i1le,

IL 62220

Respondent.

FACILITY:

?FLLVlLL~/F1~1:LE

SITE

CODE

NO:

COUNTY:

St.

Da-ir

CIVIL

PENALTY:

s~oc.oc~

DATE

OF

lNSPECTl0~:

.~

—

DATE

RENITTED:

____________________________

S ~GNATURE:

___________________________________

NOTE

Please

enter

the

date

of

your

remittance

and

sign

this

Remittance

Fona.

Be

sure

your

check

is

enclosed

and

mail

,

along

with

Remittance

Foni

to:

Landfill

Citation

Fund

Attn:

Paul

Haas,

County

Collector

flO

Public

Square

Bellevifle,

1L

62220

82—147