ILLINOIS POLLUTION CONTROL BOARD

July 16, 1987

IN THE MATTER OF:

)

INDUSTRIAL SALVAGE,

 INC.

)

 AC 87—50

(IEPA Case No. 8409—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a June 8, 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 Industrial Salvage on June

5,

 1987.

 The Agency alleges that Industrial Salvage has violated

Sections 21(p)(5) and 21(p)(12)

 of the Act.

 The statutory

penalty established for each of these violations

 is $500.00

pursuant

 to Section 42(b)(4)

 of the Act.

Industrial Salvage 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.l(d)(l),

 the Board

 finds that Industrial Salvage has

violated each and every provision alleged

 in the Administrative

Citation.

 Since there are two

 (2) such violations,

 the total

penalty to be imposed

 is set at $1,000.00.

It

 is hereby ordered that, unless the penalty has already

been paid,

 within 30 days

 of the date

 of this Order Industrial

Salvage 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 $1,000.00 which

is

 to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

IT

 IS SO ORDERED.

79-185

—2—

I, Dorothy M.

 Gunri, Clerk of the Illinois Pollution Control

Boar~,hereby certify

 hat the above Order was adopted on the

/(~Zday of

 1987 by a vote of

~

—o

Dorothy M.

G

 n, Clerk

Illinois Pollution Control Board

79-186

~~T~TTT~TT

‘LL~

P

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENC

ju~

—8

ADMINISTRATIVE CITATION

~I1Jt

~

IN TRE MATTER OF:

INDLSTRIAL SALVAGE,

 INC.

)

IEPA

DOCKET

NO.

8409-AC

an

 Illinois corporation

)

Respondent.

)

‘.J

URISDICT

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.

 1ll~~,

 par.

 1031.1).

FACTS

That

Respondent,

an

 Illinois corporation,

the

present

opeiator of

a

 facility located

 in the County of Marion, State of Illinois.

2.

 That said facility

 is operated

as

 a sanitary landfill, operating

under

 Illinois Environmental

 Protection Agency Operating Permit

No.

1984-3-OP,

 and designated with Site Code No.

 1214220003.

 Said facility

is commonly known

 to the Agency as

 Industrial

 Salvage.

 That Respondent has operated said facility at all

 times pertinent

hereto.

 That

 April

15,

1987,

 Gerald

E.

 Steele,

 of the

 Illinois

Env~ronmenta1Protection 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.

79-187

VIOLATIONS

On the basis

 of direct observation of Gerald

E.

 Steele, the Illinois

Env~

‘onniental

 Protection Agency

 has determined that Respondent was

concucting

 a sanitary landfill operation at the above—described facility,

which

 is required to have

 a permit pursuant

to

 Ill.

 Rev.

 Stat.

 1985,

ch.

 111½, par. 1021(d),

in

 a manner which resulted in

 the following

concitions:

A.

 On April

15,

 1987 operated said sanitary landfill facility

with uncovered refuse remaining from

 a previous operating day,

 in viola-

tim

of

 Ill.

Rev.

 Stat.

 1986 Supp.,

ch.

 111½,

 par.

 102l(p)(5).

B.

On

 April

15,

 1987 operated said sanitary landfill facility

whiie having failed

 to collect and contain litter from the site by

the end of

a

 previous operating day,

in

 violation of Ill.

 Rev.

 Stat.

l98b Supp.,

ch.

 lll1~, par.

 lO2l(p)(12).

CIVIL PENALTY

Pursuant to Public Act 84—1320

 (Ill.

 Rev.

 Stat.

 1986 Supp.

ch.

11l~,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 and

B,

for

 a total

 of One Thousand ($1,000.00)

 Dollars.

Add~tionally,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

2

79-188

Control

 Board,

in

 addition to the

 Five Hundred Dollar

 ($500.00) statutory

pen~ ty 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 July

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

 tne 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 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

3

79-189

Agen.~yand

the

Illinois

Pollution

Control

Board,

 if any;

 the Attorney

Gent. :~l~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

 (111.

 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

Illirois

Environmental

Protection

Agency.

Such

Petition

for

Review

must

filed

within

thirty—five

(35)

days

 the date of service

of

this Administrative Citation, or

 a default judgment shall

 be entered

by t;e 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, Director

-‘k,

Illinois Environmental Protection Agency

Date:

 June

3,

1987

79-190