ILLINOIS POLLUTION CONTROL BOARD

August 6, 1987

IN THE MATTER OF:

PATRICIA CORAISSANT, MAYOR   

)

AC 87-63

VILLAGE OF DALZELL       

)

(IEPA Docket No. 8452-AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a June 25, 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 Patricia Coraissant, Mayor

of the Village of Daizell on June 23, 1987. The Agency alleges

that the Village of Daizell has violated Section 21(p)(ll) of the

Act. The statutory penalty established for this violation is

$500.00 pursuant to Section 42(b)(4) of the Act.

The Village of Daizell 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.l(d)(2) of the Act. Therefore, pursuant

to Section 3l.l(d)(l), the Board finds that the Village of

Dalzell 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 $500.00.

It is hereby ordered that, unless the penalty has already

been paid, witnin 30 days of the date of this Order the Village

of Dalzell shall, by certified cheek 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 $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.

80—18 1

—.,—

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

Board, hereby certify that the above Order was adopted on

the

_______________

day of 

_____________,

1987 by a vote

of

__________.

Illinois Pollution Control Board

80—182

______

~

C

~O~ECTIO~AGE

IN THE MATTER CR:

PATRICIA CORASCC~T.         

)

IEPA DOCKET NO. 8452-AC

flayor, Villane 

Daizell,        

)

State or I1~nois         

)

L1URIS3

lOTION

Th~c

•:

~s:~cti’.aCitation is issued pursuant to the authonty

vestec

i’~the Illinois

Enviro n:al Protection Agency by Public 

Act

81—1323 (:11. Rev. Stat. i9~6,Supp., ch. llij. par. 1031.1).

F’ ~

1.  That Respondent, Patricia Coraissant, is the present operator

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

2.  That said facility is operated as a sanitary landfill, operating

under Illinois Environrcental Protection Agency Operating Permit 

No.

l972-13-OP, and designated ~~iithSite Code No. 0110250002. Said facility

is commonly known to the Agency as Dalzell/Muni No. 2.

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

hereto.

4.  That on May 6, 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—183

C

TIONS

On the basis of direct observation of Thomas Henninger, the Illinois

Environmental Protecti.:~ Acency nas determined 

that Respondent

was

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

which i~

recuired 

to have a permit pursuant to Ill.

Rev. Stat. 1935,

ch. 1ll~, par. 1021(d), in a

manner which resulted in 

the following

conditions:

That as of May 6, 1987, said sanitary landfill facility had

failed to 

submit the a~ar:erlyanalysis reports by October 15, 1986,

as required by the operating permit, in violation of Ill. Rev. Stat.

1986 Supp., ch. iil~,car. lO2l(p)(ll).

CIVIL PENALTY

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

lll~~,par. 1042(b)(4)), Respondent herein is subject to a civil penalty

of Five Hundred Dollars (5500.00) 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 vioTation 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 Control Board, in addition to the Five Hundred

Ooilar ($500.00) statutory penalty.

If you acknowledge the violation cited hereinabove, the civil

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

2

80— 184

4, 1937. 

you do 

no:

:::t~or

t;,~ Illinois Pollution Control Board

fo ~-e~oi

o~

tkl~

~c~irs-~~ C ~tio,~ 

‘ith n thirty—five (35)

days of service he”eof ~ if ~•ouelect to contest this Administrative

Citation, any judament

rendered 

against

you shall specify the due date

of the statutory civil c’ena’Itv and any costs assessed against you.

When 

payment

is mace, your check should be made payable to the

Illinois 

En.vironmental

Protection Trust fund and mailed to the attention

of Fiscal Services, Illinois Environmental Protection Agency, 2200

Cr.~rc~illRood. R.0. Box 19276, Springfield, Illinois 62794—9276.

Also, please ccm~1ete anc return the enclosed Remittance Form, along

with your oayment, to assure prcoer 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

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 

34-1320

(Ill. 

Rev.

Stat. 1936 Supp., ch. l1l~,par. 1031.1).

3

80—185

If you elect to contast t;-~is Admir.ist-atjve Citation, you must file

a Petition 

for Re’/i:.;~ ~i:: the Clerk of the Illinois Pollution Ccntrol

Board. A o~pyof the Petition for

Review should be filed with the

Illinois Environmental Protection Aaency. 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

witn the Clerk of the llinois 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. Carlson, Director

Illinois Environmental Protection Agency

Date: June 22, 1987

4

80— 186