ILLINOIS POLLUTION CONTROL BOARD
    August 6, 1987
    IN THE MATTER OF:
    )
    AIRLINE TOWING, INC.
    )
    AC 87—65
    )
    (IEPA Case No. 8455—AC)
    Respondent.
    ORDER OF THE BOARD:
    Triis matter comes before the Board upon a June 26, 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 Airline Towing on June 26,
    1987. The Agency alleges that Airline Towing has violated
    Sections 2l(p)(5), 2l(p)(7), 2l(p)(9) and 21(p)(ll) of the Act.
    The statutory penalty established for each of these violations is
    $500.00 pursuant to Section 42(b)(4) of the Act.
    Airline Towing 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 3l.l(d)(l), the Board finds that Airline Towing has
    violated each and every provision alleged in the Administrative
    Citation. Since there are four (4) such violations, the total
    penalty to be imposed is set at $2,000.00.
    It is hereby ordered that, unless the penalty has already
    been paid, within 3U days of the da~teof this Order Airline
    Towing shall, by certified check 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 $2,0U0.0U which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    IT IS SO ORDERED.
    80— 187

    —2—
    I, Dorothy M. Gum-i, Clerk of the Illinois Pollution Control
    Board, hereby certi~.y that the above Order was adopted on the
    ~
    day of
    CL_~—.~4-’
    ,
    1987 by a vote of
    ~‘ °
    Dorothy M. Gt~nn, Clerk
    Illinois Pollution Control Board
    80—188

    ~::~:
    .~IR0~E~TALpRoTEcT:or~AGE~1C(~c~
    JU~26
    IO~7
    I~ISTR~TIVE
    CT~TI0U
    POLLUt
    I~THE tt~TTE~.OF:
    4 (7 4~
    AIRLI~:E TOWU’:G INC.
    )
    IEPA DOCKET NO.
    -e~5-AC
    an Illinois corporation,
    )
    Respondent.
    )
    JURISDICTION
    This Ad~iinis:rativeCitation is is?ued pursuant to the authority
    vested ~n the Illinois Environmental Protection Agency by Public Act
    8’-1323 (Ill.
    Rev.
    Stat. 1936, Supp., ch. lll~,par. 1031.1).
    FACTS
    1. That Respondent, Mrline Towing Inc., is the present operator
    of a facility located in the County of Cook, State of Illinois.
    2. That said facility is operated as a landfill, operating with-
    out any Illinois Environmental Protection Agency permits, and designated
    with Site Code
    No.
    0310420002. Said facility is commonly known to
    the Agency as Airline Towing Inc.
    3. That Respondent has operated said facility at all times pertinent
    hereto.
    4. That on
    May
    6, 1987, Gino Bruni, of the Illinois Environmental
    Protection Agency, inspected the above-described landfill facility.
    A copy of the inspection report setting forth the results of such inspecticr
    is attached hereto and made a part hereof.
    80—189

    V
    1OLAT IO~S
    On ths• 5~~so~cir~:: cbserv~onof Gino Bruni, the Illinois
    Environmental
    Protection Accncv nas determined that Respondent was
    conducting an unpermitted landfill oDeration at the above—described
    facility,
    which
    is
    otherwise required
    to have a permit pursuant to
    Ill. Rev. Stat. 1985, ch. 111½, par. 1021(d), in a manner which resu~tec
    in the following conditions:
    A. On
    May
    6, 1937, inspection of said unpermitted landfill facil-
    ity
    disclosed uncovered refuse re~aining from a previous operatinc
    daj, in viola.ion of Iii. Rev. Stat. 1986 Supp., ch. 111½, par. lO2i(p)(5).
    B. On
    t~av6,
    1937, inspection of said unpermitted landfill facility
    disclosed the prior acceptance of wastes without necessary permits, in
    violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(7).
    C. On
    May
    6, 1987, inspection of said unpermitted landfill facility
    disclosed the deposition of refuse in an unpermitted portion of said
    facility, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par.
    1021 (p)(9).
    D. On May 6, 1987, inspection and investigation of said unper-
    mitted landfill facility disclosed a failure to submit reports required
    by permits or Board Regulation, in that no financial assurance documents
    have been filed with the Illinois Environmental Protection Agency, in
    violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(ll).
    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
    2
    80—190

    of Fivc ~nd:cd Dla’:
    ~
    ~n- each violation specified above
    in Par~crnohs
    ~.
    t~rc~ch
    ~,
    for a totaT o~Two Thousand ($2,000.00)
    Dollars. ~cc~:~cn~. 3no~id you elect to pet~tion the Illinois ~oiluticn
    Control Board under the review process described hereinbelow, and if
    there is a TiflclnO of tne v~o1ationsalleged 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) statutcrv
    penalty for each findinc of violation.
    If you acrnowiedce the violations cited hereinabove, the civil
    penalty specified above shall be due and payable no later than August
    4, 1987. If you do not petition the Illinois Pollution Control Board
    for review of this Adninistrative Citation within thirty—five (35)
    days of service hereof or if you elect to contest this Administrative
    Citation, any judcment 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 Offices
    of the Illinois Attorney General shall be requested to initiate proceedings
    in Circuit Court to collect said civil penalty. In addition to the
    3
    80—191

    previously
    :~sed ci.; pai~’~,anb hearing costs of the Illinois
    Environmental Protoctic’; ~•cenc~’and the Illinois Pollution Control
    Board,
    if u~ tho Attorney
    General~s Office
    will
    seek to recover their
    costs of litigation.
    PROCEJURE
    FOR CONTESTING THIS
    AD~~iI~ISTRATIVECITATION
    You have the right to contest this Administrative Citation. See
    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 Petiti on
    for
    Review with tne Clerk of the
    Illinois Pollution Control
    Board.
    A
    coo’~’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.
    .‘~JT
    ~
    ~T~hardJ. Carlson, Director
    Illinois Environmental Protection Agency
    Date: June 23, 1987
    4
    80—192

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