ILLINOIS POLLUTION CONTROL BOARD
    Auaust 20, 1987
    IN THE MATTER OF:
    CITY OF NASHVILLE
    )
    AC 87—70
    )
    (IEPA Docket No. 8471—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a July 8, 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 the City of Nashville on
    July 7, 1987. The Agency alleges that the City of Nashville has
    violated Section 21(p)(4) of the Act. The statutory penalty
    established for this violation is $500.00 pursuant to Section
    42(b)(4) of the Act.
    The City of Nashville 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 the City of Nashville
    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, within 30 days of the date of this Order the City of
    Nashville 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 $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—377
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that th~above Order was adopted on
    the
    ______________
    day of
    4’~’re.i~,—
    ,
    1987 by a vote
    of
    ~
    .
    ~
    /~.
    Dorothy M. ~inn, Clerk
    Illinois Pollution Control Board
    80—378
    1)’
    :LL:;:o:~ E~V:RO ~ENTALPROTECTION
    AGENC
    JUL —
    8 t~
    ~
    Cjr ftUr~~
    P0W.1iC~
    CO~TRO:. ~
    A~tINISTR~TIVEC:TATION
    It: THE ~TTER CR:
    ) 4
    CITY OF NASHVILLE,
    )
    IEPA DOCKET NO. 8~7l—AC
    a municipal ccr:oration
    )
    in the State o~Illinois.
    )
    )
    Res~cndent.
    )
    JURISDICTION
    Tr’s Ad-i~ristrative Citation
    is issued pursuant to the authority
    vestec ~
    :liino~s Er~vironmentalProtection
    Agency by Public Act
    84-1320
    (111. Rev.
    Stat. 1986, Sup~.
    ,
    ch. 111½, par. 1031.1).
    FACT S
    1. That Respondent, City of Nashville, is the present operator
    of a facility located in the County of Washington, State of Illinois.
    2. That said facility is operated as a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    l982-8-OP, and designated with Site Code No. 1890300004. Said facility
    is commonly known to the Agency as Nashville/Municipal ~2.
    3. That Respondent has operated said facility at all times pertinent
    hereto.
    4. That on June
    4,
    1987, Randy Ballard, 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—3 79
    VIOLATIONS
    Or the basis c~direct observation of Randy Ballard, the Illinois
    Environ~entol Rrc~tccticn Açency has determined that Respondent was
    conducting a sanitary landfill operation at the above—described facility,
    which is rea~:iredto have a permit pursuant to Ill. Rev. Stat. 1985,
    ch. ll1:~, par. 1021(d), in a manner which resulted in the following
    condi tions:
    A. On June 4, 1987, allowed open burning of refuse in violation
    of 111. Rev. Stat. 1936 Su:~.,ch. 111½, par. 1021(p)(4).
    CIVIL PENALTY
    Pursuant to Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., ch.
    l11~~,par. 1042(b)(4)), Respondent herein is subject to a civil penalty
    of Five Hundred Dollars ($500.00) for the violation specified above
    in Paragraph A, for a total of Five Hundred ($500.00) 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 by the Illinois
    Environmental Protection Agency and the Illinois Pollution Control
    Board, in addition to the Five Hundred Dollar ($500.00) statutory penalty
    for each finding of violation.
    If you acknowledge the violations cited hereinabove, the civil
    penalty specified above shall be due and payable no later than August
    14, 1987. If you do not petition the Illinois Pollution Control Board
    for review of this Administrative Citation within thirty-five (35)
    2
    80— 380
    days of
    sC~v~
    ~ heroof or
    if you
    elect to contest this Administrative
    Citat~or. an’ i~cc~er:rencerec accinst
    you
    shall specify the due date
    of tre statutory civil
    ~enaity
    and any costs assessed against you.
    When payment is made, your check should be
    made payable to the
    Illinois
    EnvironmerLtcl
    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
    f~ndincafter at~ucicatoryhearing, is not paid when due; the Illinois
    Environmental Protection Agency shall take into consideration such
    failure to
    pay
    donna 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.
    .~.!!.
    Public Act 86-1320 (Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1031.1).
    3
    80—38 1
    If you elect to contest this Administrative Citation, you must file
    a Petition fcr Re.’ie’,•
    ~ith
    the Clerk of the Illinois Pollution Control
    Board. A
    copy 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
    6060l; and, a cocy
    of
    said Petition for
    Review
    filed with the Illinois
    Environmental Protecticn Aaency at 2200 Churchill Road, P.O. Box 19276,
    Sprinefield, Illinois 62794-9276, Attention: Enforcement Services.
    ~
    ~
    /
    ~
    Richard
    J. Carlson, Director
    / ~
    Illinois Environmental Protection Agency
    Date: July 6, 1987
    4
    80—382

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