IL~LIt..OiS PCLLUT1OI~ CO1TRCL BOND
August 6, 1987
IN THE MATTER OF:
THE CITY OF STERLING,
)
AC 87—lb
a Municipal Corporation in
)
(IEPA DOCKET NO. 8277-AC)
The State if Illinois,
Respondents.
ORDER OF THE BOARD (by 3.D. Duinelle):
On July 16, 1987, the Board granted the Illinois
Environi~ienta1 Protection Agency’s (Agency) motion to file an
amended administrative citation because the Agency and the City
of Sterling (Sterling) nad arrived at a mutually agreeable
resolution of the environmental problems at the site in
question. ~ copy of that amended administrative citation is
attached hereto. Today’s matter comes before the Board upon an
August
3,
l9b~,
motion by Sterling to withdraw its petition fcr
review filed April 13, 1987, as a result of the Board’s
acceptance of tt~e amended administrative citation. Sterlings
motion to withdraw is hereby granted.
As the appeal has been withdrawn, the Board finds that
Sterling 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.
It is nereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order the City of
Sterling shall, by certified check or money order payable to the
State of Illinois designated for deposit into the Environmental
Protection Trust Fund, pay a penalty in the amount of $1,000
which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churcnill Road
Springfield, IL 62706
IT IS SO ORDERED.
1, Dorothy 11. Gunn, Clerk of the Illinois Pollution Control
Board, her~ certify that t~.be above Order was adopted on
the
_______________
day of
c~2-~-—~_,.4-
,
1987 by a vote
of
__________________
/2~~7
~z’
Dorothy M. G’unn, Clerk
Illinois Pollution Control Board
80—143
t~ot~3t
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE
MATTER
OF:
THE CITY OF STERLING,
)
PCB AC-87-18
a municipal corporation
in the State of
)
IEPA DOCKET NO. 8277-AC
Illinois,
)
Respondent.
)
MOTION TO FILE AMENDED ADMINISTRATIVE CITATION
NOW COMES the Illinois Environmental Protection Agency and moves
this Board to accept for filing the herein Amended Administrative
Citation. In support hereof, the Illinois Environmental Protection
Agency states as follows:
1. That the Agency and representatives of the City of Sterling,
Respondent herein, have conferred and concluded with a mutually agreeable
solution to the environmental problems concerning the subject site.
2. That the parties have agreed that the site will no longer be
used as a landfill; that no more waste of any kind will be accepted;
that there will be no further open burning of wastes; that two feet of
final cover will be in place and certified by September 1
,
1987; that
the entrance gate will be locked at all times, except for proper use by
City employees.
3. That Respondent has agreed to file a motion to withdraw their
Petition for Review upon receiving the Board’s Order accepting the herein
Amended Administrative Citation. Furthetmore, Respondent has agreed to
pay the civil penalty requested in the herein Amended Administrative
Citation.
80—144
WHEREFORE, the Illinois Environmental Protection Agency prays that
the Board accept the attached Amended Administrative Citation.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By
‘~‘~
William Seltzer
Enforcement Programs
2200 Churchill Road
P. 0. Box 19276
Springfield, IL 62794-9276
Date: June 30, 1987
80—145
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
SS.
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
MOTION TO FILE AMENDED ADMINISTRATIVE CITATION
upon the persons to whom it is directed, by placing a copy in envelopes
addressed te:
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
(Certified Maii-Return Receipt
Requested
Mr. Ronald Coplan
City Attorney
City of Sterling
212 Third Avenue
Sterling, IL 61081
and mailing it from Springfield, Illinois, on June 30, 1987, with
sufficient postage affixed.
Subscribed and
before me this
of June, 1987.
Notary
Sworn To
30th day
Public
ocrlaAL.
SEAL.
eARSARA
K
MCGEE
PUBLIC. STATE
OP
tLUNO4S
Mr COMMISSION
EXPIRES
4.13-91
80—146
De
Not Re~:i:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AMENDED ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
THE CITY OF STERLING
PCB AC 87-18
a municipal corporation
)
in the State of Illinois,
)
IEPA DOCKET NO. 8277-AC
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, City of Sterling, is the present operator
of a facility located ir~the County of Whiteside, State of Illinois.
2. That said facility is operated as a sanitary landfill, operating
without Illinois Environmental Protection Agency Permits; and designated
with Site Code No. 1950500019. Sai~d facility is commonly known as
City of Sterling Landfill.
3. That Respondent has operated said facility at all times pertinent
hereto.
4.
That on January 16, 1987, Jack Hoizer, 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.
80— 147
2
VIOLATIONS
On the basis of direct observation of Jack Holzer, 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). Said facility was op-
erated in a manner which resulted in the following conditions:
A. On January 16, 1987 inspection of said unpermitted landfill
facility showed uncovered refuse remaining from a previous operating
day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par.
1021 (p)(5).
B. On January 16, 1987 inspection of said unpermitted landfill
facility showed a failure to provide final cover within time limits
established by Board Regulations, in violation of Ill. Rev. Stat. 1986
Supp., ch. 111½, par. lO2l(p)(6).
CIVIL PENALTY
Pursuant to Public Act 84-1320
(IH.
Rev. Stat. 1986 Supp., ch.
111½, par. lO42(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.
Additionally, should you elect to petition the Illinois Pollution Control
Board under the review process described hereinbelow, arid 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
80—148
3
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 upon receiving the
Boards Order accepting this Amended Administrative Citation. If you
~o not oetition 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, 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
80—149
4
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 Petitior~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. Car~I-~on,Director
-~
Illinois Environmental Protection Agency
Date: June 30, 1987
80—150