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