ILLINOIS POLLUTIOL4 CONTROL BOARD

August 6, 1987

IN THE MATTER OF:        

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M.I.G. INVESTMENTS, INC.     

)

AC 87—57

(IEPA Docket No. 8436—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~M.I.G. Investments on June

18, 1987. The Agency alleges that M.I.G. Investments has

violated Section 21(p)(3) of the Act. The statutory penalty

established for this violation is $500.00 pursuant to Section

42(b)(4) of the Act.

M.I.G. Investments 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 M.I.G. Investments has

violated the provision alleged in the Administrative Citation.

Since there is one (1) such violation, the total penalty to be

imposed is set at $~00.0u.

It is hereby ordered that, unless the penalty has already

been paid, within 30 days of the date of this Order M.I.G.

Investments shall, by certified ch~ckor 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 $500.00 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that t e above Order was adopted on

the

_______________

day of 

_____________,

1987 by a Vote

of

~

Dorothy M. dunn, Clerk

Illinois Pollution Control Board

80—162

ILLI ~~o:

S

c:~TIo~~

AGE~

IN THE r4ATTER OF:

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é2—f~

MIG INVESTMENTS, INC.

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IEPA DOCKET NO. 8436—AC

Respondent.

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JURISDICTION

This 

Adninis:rative

Citation 

issued pursuant to the authority

vested in the Illinois Environmental Protection Acency by Public Act

84-1320 (ill. 

Rev.

Stat. 1986, Supp., ch. 111~,par. 1031.1).

FACTS

1.  That Respondent, Corporation, is the present operator of

a facility located in the County of Boone, State of Illinois.

2.  That said faci1i~yis operated as a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1972-32-0?, and designated with Site Code No. 0070050002. Said facility

is commonly known to the Agency as Bonus Landfill.

3.  That Respondent has operated said facility at all times pertinent

hereto.

4.  That on April 28, 1987, Thomas Henninger, 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—163

VIOLATIONS

On t~”~basis of direct observation of Thomas Henninger, the :llinois

Environmental Protection Acencv has determined that Respondent was

conducting a sanitary landfill operation at the above-described facility,

which is recui red to ha’.e a permit pursuant to Ill. Rev. Stat. 1985,

ch. lli~, 

Par.

1021(d), in a manner which resulted in the following

conditions:

A.  On April 28, 1967, conducted a sanitary landfill operation

at said sanitary landfill facility in a manner which resulted in leachate

flows exiting the landfill confines, in violation of Ill. Rev. Stat.

1986 Supp., ch. ill~, par. 102l(p)(3).

Ci’IIL

PENALTY

Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.

1ll~, par. lO42(b)(4)), Respondent herein is subject to a civil penalty

of Five Hundred Dollars ($500.00) for the violation specified above

in Paragraph A. 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 violationalleged 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.

If you acknowledge the violation cited hereinabove, the civil

penalty specified above shall be due and payable no later than July

30, 1967. If you do not petition the Illinois Pollution Control Board

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80—164

for revie~iof tria Administrative Citation within thirty—five (35)

days of service hereof or if you elect to contest this Administrative

Citation, any judgment renGered against you shall specify the due cate

of the statutory civil penalty and any costs assessed against you.

When paymer.t 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, alon~

with your payment, to assure proper documentation of payment.

If any civil penalty, be reason of acknowledament, 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

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. lll~,par. 1031.1).

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80— 165

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 cops’ 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.

/,!

//~/

C-L-~_T~~7~\ 

Richard ~J.Carison, Director

Illinois Environmental Protection Agency

Date: June 16, 1987

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80—166