ILLINOIS POLLUTION CONTROL BOARD
May 14~ 1987
IN THE MATTER OF:
)
)
ALLEN CASSENS d/b/a SECURITY
)
AC 87—29
INVESTMENT COMPANY
)
CIEPA Docket No.
8310—AC)
)
Respondent.
)
ORDER OF THE BOARD:
This matter comes before the Board upon a March
31,
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 Allen Cassens on March 3O~
1987.
The Agency alleges that Allen Cassens has violated
Sections 21(p)(5)~ 21(p)(7).
21(p)(l) and 21(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.
Allen Cassens 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. 1(d)(2)
of the Act.
Therefore,
pursuant
to
Section
31. 1(d)(1),
the Board finds
that Allen Cassens has
violated each and every provision alleged
in the Administrative
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 Denaltu
has alreadu
been paid~ within 30 days of
the date
of this Order Allen Cassens
shall,
by certified
check or money order payable
to the State
of
Illinois and designated for deposit
into the Environmental
Protection Trust Fund1
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.
78-53
—2—
L
Dorothy
II.
Qunn,
Clerk
of the Illinois Pollution Control
Board,
hereby certif
that the above Order was adopted
on the
/.~/t~
day
of
•
1987 by a vote of
~‘
~‘
___~.
Dorothy
H.
~‘unn, Clerk
Illinois Pollution Control Board
78-54
©~U~7~fl
MAR
31 I9sT~
ILLINOIS ENVIRONMENTAL PROTECTION AGEN
Jjj~
ADMINISTRATIVE CITATION
POLLUTIO~4
g~r
IN THE MATTER OF:
)
e67~7
ALLEN CASSENS d/b/a
)
IEPA DOCKET
NO.
8310AC
SECURITY INVESTMENT COMPANY
)
Respondent.
)
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
is
responsible for the management and/or
the operator of
a certain parcel
of real property located
in the County
of Madison, State of Illinois.
2.
That said parcel
of real
property has been operated as a
sanitary landfill, operating without any Illinois Environmental Pro-
tection Agency Permits, and designated with Site Code No. 1198030002.
Said facility is commonly known
to the Agency as Edwardsville/Keller
Construction.
3.
That Respondent has been responsible for the management and
operation of said real property at all
times pertinent hereto.
4.
That on February 11,
1987,
Charles Reeter,
of the Illinois
Environmental
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.
78-55
VIOLATIONS
On the basis of direct observation of Charles Reeter, the Illinois
Environmental Protection Agency has determined that Respondent was
conducting or allowing an unpermitted landfill operation at the above—
described facility, which
is otherwise required to have a permit pur-
suant to Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1021(d), in
a manner
which resulted
in the following conditions:
A.
On February 11, 1987, inspection of said unpermitted land-
fill facility revealed uncovered refuse remaining from
a previous oper-
ating day, in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021(p)
(
5).
B.
On February 11,
1987,
inspection of said unpermitted landfill
facility revealed prior acceptance of wastes without necessary permits
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
102l(p)(7).
C.
On February
11,
1987,
inspection
of said unpermitted landfill
facility revealed refuse
in standing water,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par. 1021(p)(l).
0.
On February 11, 1987,
inspection of said unpermitted landfill
facility revealed the previous deposition of refuse
in an unpermitted
portion of said facility, 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. 1042(b)(4)),
Respondent herein
is subject to a civil
penalty
of Five Hundred Dollars
($500.00) for each violation specified above
2
78-56
in Paragraphs A through 0, for
a total
of Two Thousand ($2,000.00)
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, 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 May
9, 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, 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
3
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.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~
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.
Carison,
Director17~’~~’
Illinois Environmental
Protection Agency
Date:
March 27, 1987
78-58
4