ILLINOIS POLLUTION CONTROL BOARD
May 14~ 1987
IN THE MATTER OF:
)
CARL HENDRICKS
)
AC 87—32
)
(IEPA Docket
No.
8327—AC)
Respondent.
)
ORDER OF THE BOARD:
This matter comes before the Board upon an April 7~ 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 Carl Hendricks
on April 4~
1987.
The Agency alleges that Carl Hendricks has violated
Sections 21(p)(5).
21(p)(7) 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.
Carl Hendricks 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 Carl Hendricks has
violated each and every
provis2on 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 penalt~has aireadu
been paid,
within 30 days
of the date of
this Order Carl
Hendricks
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 $1. 500. 00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield1
IL 62706
IT IS SO ORDERED.
78-71
—2—
I~ Dorothy
M.
Gunn.
Clerk
of the Illinois Pollution Controi
Board
ereby certify
that the above Order was adopted
on the
________day of___________________
1987 by a vote of___________
Dorothy
M.
unn~Clerk
Illinois Pollution Control Board
78-72
ILLINOIS ENVIRONMENTAL PROTECTION AGE
STATE
OF
ILLINOIS
ADMISTRATIVE
CITATION
P~LUT~ON
CONTROL BOAR~_.
IN
THE
MATTER
OF:
)
,~,
~
CARL
HENDRICKS
)
IEPA
DOCKET
NO.
8327-AC
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to the authority
vested in the Illinois Environmental Protection Agency by Public Act
84-1320 (Iii.
Rev.
Stat.
1986,
Supp.,
ch.
111½,
par. 1031.1).
FACTS
1.
That Respondent, Carl Hendricks,
is the present owner/opera-
tor of
a facility located
in the County of St.
Clair, State of Illinois.
2.
That said facility has been operated
as
a sanitary landfill,
operating without any Illinois Environmental Protection Agency Permits,
and designated with Site Code No.
1630000000.
Said facility
is commonly
known to the Agency as East St. Louis/Hendricks.
3.
That Respondent has been responsible for the operation of
said facility at all times pertinent hereto.
4.
That on February 17,
1987, Randy Ballard, 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.
78-73
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 re-
sulted
in the following conditions:
A.
On February 17,
1987,
inspection of said unpermitted land-
fill facility revealed uncovered refuse
remaining from
a previous op-
erating day,
in
violation of Ill. Rev.
Stat.
1986, Supp.,
ch.
111½,
par.
lO2l(p)(5).
B.
On February 17,
1987, inspection of said unpermitted landfill
facility revealed the previous acceptance of wastes without necessary
permits, in violation of
Ill. Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021(p) (7).
C.
On February 17, 1987,
inspection of said unpermitted land-
fill facility revealed the deposition of refuse on an unpermitted por-
tion of said site,
in violation of Ill.
Rev. Stat.
1986 Supp.,
ci,.
111½, par. 102l(p)(9).
CIVIL PENALTY
Pursuant to Public Act 84-1320
(Ill.
Rev.
Stat.
1986 Supp., ch.
111½, par. l042(b)(4)), Respondent herein is subject to a civil
penalty
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraphs A through C, for a total
of Fifteen Hundred ($1,500.00)
Dollars.
Additionally, should you elect to petition the Illinois Pol-
2
78-74
lution 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
16,
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
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
3
78-75
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.
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.
~ichard
J.
Carlson,
Director
~
Illinois Environmental Protectidn Agency
Date:
April
3,
1987
4
78-76