1. 78.51
ILLINOIS POLLUTION CONTROL BOARD
May 14,
1987
IN THE MATTER OF:
)
)
F1TZ-MAR LANDFILL, INC.
)
AC
87—27
)
(IEPA Docket No. 8306—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a March
30,
1987
filing of an Administrative Citation pursuant
to Section 31e1 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 Fitz—Mar Landfill on March
30, 1987.
The
Agency alleges that Fitz—Mar Landfill has violated
Section 21(p)(5) of the Act.
The statutory penalty established
for this violation
is $500.00 pursuant
to Section 42.(b)(4) of the
Act.
Fitz—Mar
Landfill 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 Fitz—Mar Landfill has
violated the provision alleged
in the Administrative Citation.
Since there is one
(1) such violation,
the total penalty to be
imposed
is set at $500.00.
It
is hereby ordered that, unless
the penalty has already
been paid,
within 30 days of the date of this Order Fitz—Mar
Landfill 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 ~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.
78-47
—2—
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, here~ycertify that the above Order was adopted on
the
_______________
day of
77)
,
1967
by a vote
of
.
Dorot,
Ill
s Poll
on Control Board
78-48
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
FITZ-M.AR LANDFILL,
INC.
)
IEPA DOCKET NO. 8306—AC
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to the authority
vested
in the Illinois Environmental Protection Agency by Public Act
84-1320 (lii.
Rev.
Stat.
1986, Supp.,
ch.
111½,
par. 1031.1).
FACTS
1.
That Respondent, an Illinois Corporation, is
the present
operator of
a facility located
in the County of Cook, State of Illinois.
2.
That said facility is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit
No.
1981-47-OP, and designated with Site Code No. 0310450011.
Said facility
is commonly known to the Agency as Fitz—Mar Landfill.
3.
That Respondent has operated
said facility at all times pertinent
hereto.
4.
That on February 4,
1987,
Gino Bruni, 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.
78-49
VIOLATIONS
On
the basis of direct observation of Gino Bruni,
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
11.
Rev.
Stat.
1985,
ch.
111½, par.
1021(d), in
a manner which resulted
in the following
conditions:
A.
On February
4, 1987 operated said landfill facility with
uncovered refuse remaining from a previous operating day,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021 (p)(5).
CIVIL PENALTY
Pursuant
to Public Act 84-1320
(Ill.
Rev.
Stat.
1986 Supp., ch.
111½, par. 1042(b)(4)), Respondent herein
is subject to a civil penalty
of Five Hundred Dollars
($500.00) for the violation specified above
in Paragraph A.
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.
2
78-50
If
you acknowledge the violation cited hereinabove,
the civil
penalty specified above shall
be due and payable no later than May
8, 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.0. 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, by 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
Agency and the Illinois Pollution Control
Board,
if any; the Attorney
General’s Office will seek to recover their costs of litigation.
3
78.51
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 J.
Cr-/son, Directo
Illinois En~&i’tonmentalProtection Agency
Date:
March 26, 1987
4
78-52

Back to top