ILLINOIS
POLLUTION
CONTROL BOARD
P~ugust6,
1987
IN THE MATTER OF:
GERALD
D.
RHODES and RUTHERFORD
)
AC 87-59
(RUSSEL) RHODES
)
(IEPA Case No. 8441—AC)
Respondents.
ORDER OF THE BOARD:
This matter comes before
the Board upon
a June
22, 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 Gerald and Rutherford
Rhodes
on June
19,
19b7.
The Agency alleges that Gerald and
Rutherford Rhodes has violated Sections 21(p)(9)
and 2l(p)(7) of
tne Act.
The statutory penalty established
for
each of these
violations
is ~500.00 pursuant
to Section 42(b)(4)
of the Act.
Gerald
and Rutherford Rhodes 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.l(d)(1),
the Board
finds that Gerald and
Rutherford Rhodes
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 Gerald and
Rutherford Rhodes shall, by certified check
or money
order
payable
to the State of
Illinois and designated for deposit
into
the Environmental Protection Trust
Funu,
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.
80—169
—2—
I, Dorothy
M. Gunn,
Clerk
of the Illinois Pollution Control
Board,
hereby certify _that the above Order was adopted on the
~~rt2 day
of
,
1987
by
a vote of
~‘
orothy
M. Gunn, Clerk
Illinois Pollution Control Board
80—170
fl~fl~r~
II ~
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JUN
2
2
1987
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_______
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i.
GER.L~LJ
:).
RFC~3,
c~
n d
RLT:~I~C~3
(RUSEL) ~
Respondent.
~
.
mis ~.c
n~s:razive ~‘:at~on
~s issued pursuant to the
authorit’,’
vescec
in
tn.a ~Thno~s
~ircnri:a Protection Agency by
Public Act
84-12~
(I~,
Re,’.
Stat. 13~,S~::.,ch. l11~,par.
1031.1).
Respondent,
Gerald
D.
Rhodes3
is the present owner and
a
facility located
in the County
or Sangamon,
State
2.
That Respondent,
Rutherford (Russel)
Rhodes,
is
an operator
of
the site described in paragraph
1
above.
3.
That said facility
is operated
as
a sanitary landfill, opera-
ting without an
Illinois Environmental
Protection Agency Operating
pern’it and designated with Site Code lb.
1678080001.
Said facility
is
commonly kno~:n to the Agency
as Springfield/Rhodes.
4.
That Respondents
have operated said facility at
all
times
pertinent hereto.
5.
That on
~ay
8,
1937,
Ricky
G.
Lanho:n,
of
tho
Illinois Envircn-
mental
Protection
Agency,
inapected
tha above-described
landfill faci1~tY.
)
)
)
)
)
)
)
1E~
DOCKET i~0. 84~i-AC
1.
That
an otarator
of
of
Illinois.
80—17 1
A
ca:~:o~t’s
arc:
~‘:-
t-:r:
settino
forth
the
results
of
such
tion
is
a:ta::iac
:?‘et:.
~
—~~e
a
nart
hereof.
VOLATi0~
On
tn’s
na:i’s
of direct observation of Ricky
G.
Lanhan,
the
iliro~s
En’.’ircr~enta1 Pr’stecticn
.cen:v
has determined
that
Respondents
were
conducting
an unpermittec
landfill operation at
the above—described
facility,
which
is re~uired to have
a permit pursuant to
Ill.
Rev.
Stat.
~
:h.
ii~.,
ca-. ~O2(c), in
a manner which resultec
in
follc.:in;
conditions:
A.
Cr
~
8, i~37,Ressoncen-.s operated and/or
controlled
saic
landfill with
refute
de::site.d
in
an unpermitted portion
of said facil~t:,
in
violation of
1i.
Re’.’.
Stat.
1965 Supp.
ch. lll~,par. ‘lO2l(o)().
B.
On ~ay 6, lE7, wastes were observed
at said unpermitted
landfill
operated
and/or controlled
by Respondents
in
violation of
Ill.
Rev.
Stat.
1966 Supo.,
ch. lll~,par. lO2l(p)(7).
CIVIL PEr~ALTY
Pursuant to
Public Act 84-1320
(Ill.
Rev. Stat.
1986 Supp.,
ch.
lll~,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 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, and
if there
is
a
finding of the violations alleged herein, after
an adjudicatory
hearing,
you
shall
be
assessed the associated hearing costs
incurred
2
80—172
b’
the
lli:~i~n;i’’’
•‘ot:ct~:~
Acen:~,?
~nd
the Illino~s
Zc,l
iu:ior
Ccnto1
Doard,
t~i
the
Five Hut~dra~
Doll~r
(5500.03)
sta tutOr’.
penalty for aeon
fin n’~
v~aiation.
if
YOU
ac~nc.;iednenrc
vial ati’sr.s
ci
ted
hereinabove, th~
civi
penalty s~ecif;ecabove ~htll
due
and
pCyabie
ro
later
tncn
Ju
~i,
l9~í.
IT
you
do
riOt
p3t~t~on
the
Illinois
Pollution
Control
Eoarc
for
review
of
this
Administrative
Citation
within
thirty—five
(35)
days
of
service
hereof
or
if
you
elect
to
contest
this
Administrative
Citation.
~i~’
~u::~’enn
renne~ec
acainst
you
shall
specify
the
du~cate
of
the
stCtutor
civil
canaity
and
any
coats
assessed
acainso
you.
~
‘mart
is
mane,
your
crack
should
be
made
payable
to
th~
Illinois
En’.’ironmental
Protection Trust
func and mailed
to the
attention
of
Fiscal
Serviots,
Illinois
Environmental
Protection
Agency,
223
Churchill
Road,
P.O.
Bar
19276,
Soringfield,
Illinois
6279d-9276.
Also,
please
complete
and
return
the
enclosed
Remittance
Form,
alona
with
your payment,
to assure proper documentation of paymen..
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 dua, 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
80—173
An~rc’.
arc
-
~
:11
nai
I ution
Control
Bcar~
,
if
any;
the
~t:Orn:,~..’
General’s Offica
‘HIl
a::t:
to
recover
their
costs
of
litigation.
~T.CE~!Y1E
FOP.
C0~TESTl~:G
THIS
.-:~~:~STRATI.’E
CIT,ATICh
You
have
toe rio
no
contest
this
Administrative
Citation.
Sac
Public Act 81-1323
(I’H.
~ev.
Stat.
1985
Supp.,
ch.
lll~,
par.
1031.1).
If you elect
to contest this Administrative Citation, you must
file
a
Petition
for
Re’.’iew with
the
Clerk of the
Illinois
Pollution Control
Ecard.
A
ccc’.’
of
the
Peti
:~onfor
Review
should
be
filed
with
one
Illinois
Envir:rr-entai
Protection
Acenoy.
Such
Petition
for
Re.’iew
must
be
filec
‘,;io~r
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
witn
the
Cler~or
the
~lnnois
Pollut~on Control
Board
at
tre
State
of
Illinois
Center,
103
kest
Randolph,
Suite
11—500,
Chicago,
Illinois
60501;
and,
a
copy
of
said
Petition
for
Review
filed
with
the
Illinois
Environmental
Protection
Agency
at
2200
Churchill
Road,
P.O.
Box
19276,
Springfield,
Ii1inCi~
62794-9276,
Attention:
Enforcement
Services.
T
~
Richard
J.
Carison, Director
Illinois Environmental
Protection Agency
Dated:
June
18,
1937
4
80—174