ILLINOIS POLLUTION CONTROL BOARD
October 15, 1987
IN THE MATTER OF:
RICHARD KROHN
)
AC 87—52
(IEPA Docket No. 8421—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a September
1,
1987
filing of an amended 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 amended Administrative Citation is attached hereto. The
Agency alleges that Richard Krohn has violated Sections 21(p)(5)
and 21(p)(7) of the Act. The statutory penalty established for
each of these violations is $500.00 pursuant to Section 42(b)(4)
of the Act.
Therefore, pursuant to Section 3l.1(d)(l), the Board finds
that Richard Krohn has violated each and every provision alleged
in the amended 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 Richard Krohn
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 $1,000.00
which
is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
IT IS SO ORDERED.
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
~—O
~
Dorothy M.’ Gunn, Clerk
Illinois Pollution Control Board
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AMENDED ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
)
PCB No. AC-87-52
RICHARD KROHN,
)
)
IEPA Docket No. 8421-AC
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority
vested in the Illinois Environmental Protection Agency by Public Act
84—1320 (Ill. Rev. Stat. 1986, Supp., ch. 111 1/2, par. 1031.1).
FACTS
1. That Respondent, Richard Krohn, is the present operator of a
facility located in the County of Cook, State of Illinois.
2. That said facility is operated as a sanitary landfill
,
operating
under Illinois Environmental Protection Agency Operating Permit No.
1973-68-OP, and designated with Site Code No. 0311020001. Said facility
is commonly known to the Agency as Krohn L.F.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That in April, 1987, John Maher, 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.
VIOLATIONS
On the basis of direct observation of John Maher, the Illinois
Environmental Protection Agency has determined that Respondent was
82— 298
conducting a sanitary landfill operation at the above-described facility,
which is required to have a permit pursuant to
Ill.
Rev. Stat. 1985,
ch. 111 1/2, par. 1021(d), in a manner which resulted in the following
conditions:
A. On April 17, 1987, said sanitary landfill facility had un-
covered refuse remaining from a previous operating day, in violation of
Ill. Rev. Stat. 1986 Supp., ch. 111 1/2, par. lO2l(p)(5).
B. Inspection of said sanitary landfill facility on April 17, 1987,
disclosed the acceptance of special wastes without necessary permits, in
violation of Ill. Rev. Stat. 1986, Supp., ch. 111 1/2, par. lO2l(p)(7).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986, Supp., ch.
111 1/2, par. l042(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 Dollars ($1,000.00).
Additionally, should Respondent herein 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, Respondent herein 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 Respondent herein acknowledges the violations cited hereinabove,
the civil penalty specified above shall be due and payable no later than
September 30, 1987. If you do not petition the Illinois Pollution Control
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82— 299
Board for review of this Administrative Citation within thirty—five (35)
days of service hereof or if you elect to contest this Administrative
Citation, any judgment 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. 0. 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, by 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. Furtheriixre, 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 84-1320 (Ill. Rev. Stat. 1986, Supp., ch. 111 1/2, par. 1031.1).
If you elect to contest this Administrative Citation, you must file a
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82—300
Petition for Review with 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 60601; and, a
copy of said Petition for Review filed with the Illinois Environmental
Protection Agency at 2200 Churchill Road, P. 0. Box 19276, Springfield,
Illinois 62794-9276, Attention: Enforcement Services.
~
(~ ~
Nchard J. Ca,~ison, Director
Illinois Environmental Protection Agency
Date: August 28, 1987
82—301