ILLINOIS POLLUTION CONTROL BOARD
    August
    6,
    1987
    IN THE MATTER OF:
    )
    JAMES
    L. WATTS
    )
    AC 87-55
    )
    (IEPA Case No. 8434-AC)
    Respondent.
    ORDER OF THE BOARD:
    ThIs matter comes before the Board upon a June
    19,
    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 James
    L.
    Watts on June
    18,
    1967.
    The Agency alleges
    that James
    L. ~~atts has violated
    Sections 21(p)(5),
    2l(o)(12)
    and 2l(p)(1)
    of the Act.
    The
    statutory penalty established
    for each of these violations
    is
    $500.00 pursuant
    to Section 42(b)(4)
    of the Act.
    James
    L.
    Watts
    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.1(d)(2)
    of the Act.
    Therefore, pursuant
    to
    Section 3l.l(d)(l),
    the Board finds
    that James
    L. Watts has
    violated each and every provision 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 penalty has alreaciy
    been paid, within 3~days
    of the date
    of this Order James
    L.
    Watts
    shall,
    by certified
    check
    or ~noney order payable
    to the
    State
    of Illinois and designated
    for deposit
    into the
    Environmental Protection Trust Fund, pay
    a penalty in the amount
    of Sl,500.0U which
    is
    to
    be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT IS SO ORDERED.
    80—155

    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Bo~rd,hereby certify~that the above Order was adopted on the
    C~Z1 day of
    ,
    1987
    by
    a vote of
    C~
    —cJ
    Dorothy
    M.
    dunn, Clerk
    Illinois Pollution Control Board
    80—156

    JUN
    I
    9
    ‘198T
    ~‘
    U’
    :~L::o:~
    E’
    .‘
    E~TAL PR0TECTI0~
    AGE~JVJ~
    I
    ST!TE OF ~LLtF~O~S
    AD~
    I
    STRAT:’IE
    C
    TATI
    O~
    L
    POLLUTNO~~D
    -
    IN
    ThE
    MATTER
    OF:
    0A~ES L.
    WATTS
    )
    IEPA
    DOCKET
    NO.
    8434-AC
    Respondent.
    )
    JURISDICTIOU
    This
    Ac~inis~rativeCitation
    is issued
    pursuant to the authority
    vested
    ir the Illinois Environmental Protection Agency by Public Act
    84-1320
    (111.
    Rev.
    Stat.
    1986, Su~p.,ch. 1l1~,par.
    1031.1).
    F4CTS
    1.
    That Respondent,
    James
    L.
    Watts,
    is
    the present operator
    of
    a facility located
    in the County of Rock Island, State
    of Illinois.
    2.
    That said facility
    is operated as
    a sanitary landfill, operating
    under Illinois Environmental
    Protection Agency Operating Permit
    No.
    1972—72—OP,
    and designated with Site Code No.
    1618000001.
    Said facility
    is commonly known
    to
    the Agency as Aridalusia!Watts
    L.F.
    3.
    That Respondent has operated said facility at all
    times pertinent
    hereto.
    4.
    That on April
    24,
    1987,
    James
    J.
    Jones, of the
    Illinois Environrnenta~
    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—157

    2
    ~r1 ñI
    ~TTñ~r
    ~ IULM
    On ~hebasis
    of direct observation of James
    3.
    Jones, the
    Illinois
    Environmental
    Protection Acency has determined
    that Respondent was
    conducting
    a sanitary landfill operation
    at
    the above—described
    facility,
    which
    is recuirec
    to have
    a permit pursuant
    tc
    Ill.
    Rev.
    Stat.
    1965,
    ch.
    1ll;~, par’.
    1021 (d),
    in
    a manner which resulted in
    the following
    condi tions:
    A.
    On April
    24,
    1987, operated said landfill
    facility with un-
    covered refuse remaininc from
    a previous operating day,
    in violation
    of Ill.
    Rev.
    Stat.
    1936 Supp.,
    ch.
    111½, par.
    lO2l(p)(S).
    B.
    On Aoril 2~,1987,
    operated said landfill
    facility while
    having
    failed
    to collect and contain
    litter
    from the
    site by the end
    of
    a previous operatina day,
    in violation of
    Ill.
    Rev.
    Stat.
    1936 Supp.,
    ch.
    111½,
    par. lO2l(p)(i2).
    C.
    On April
    24,
    1987, operated said landfill facility with refuse
    in standing or flowing water,
    in
    violation of
    Ill.
    Rev.
    Stat.
    1986
    Supp.,
    ch.
    111½,
    par.
    lO2l(p)(l).
    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
    in Paragraphs
    A through
    C,
    for
    a total
    of Fifteen Hundred
    ($1,500.00)
    Dollars.
    Additionally, should you elect to petition
    the
    Illinois Pollution
    Control
    Board
    under the review process described hereinbelow,
    and if
    80—158

    3
    there
    is
    a findino
    of
    :h: violations
    alleged
    herein, after an adjudicator.’
    hearinc. ~ousha~lhe assess~othe associated hearing costs
    incurred
    by the
    Illinois Er.’~-crmentalProtection Agency and the
    Illinois Pollution
    Control
    Board,
    in addition
    to the
    Five Hundred
    Dollar
    (S500.0O) statutory
    penalty for each findina
    of
    violation.
    If you acknowlecce the violations cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable
    no later than July
    29,
    1987.
    if you do not petition
    the Illinois Pollution Control
    Board
    for review of this Acministra:ive Citation within thirty—five
    (35)
    days of service nereof
    or
    if
    you elect
    to contest this Administrative
    Cit~ticn,
    any
    judcmert rendered acainst you shall
    soecify the due date
    o~~nestatutory civil
    penalty and any costs
    assessed against you.
    When ~aymentis 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
    80—159

    4
    to
    collect said civil
    oeral: .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
    Generals Office will seek to recover their costs of litigation.
    PROCEE~JRE
    FOR CONTESTING THIS
    ADINISTRAT.?E CITATION
    You have
    the right
    to contest this Administrative Citation.
    See
    Public Act 8~-l32O(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.
    !fl,~/j7
    ~
    ~
    Richard’J.
    Carison, Director
    ~
    Illinois Environmental
    Protection Agency
    Date:
    June
    16, 1987
    80—160

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