ILLINOIS POLLUTION CONTROL BOARD

October

15, 1987

IN THE MATTER OF:

LeROY ROBINSON

)

AC 87—88

(IEPA Docket No.

8559—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes

before

tne

Board

upon

a September

2,

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.

The Agency alleges

that LeRoy Robinson has violated Sections 2l(p)(5),

21(p)(7),

2l(p)(9)

and 2l(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.

LeRoy Robinson 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 31.l(d)(l),

the Board

finds

that LeRoy Robinson 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

30 days

of

the date

of this Order LeRoy

Robinson 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 $2,000.00 which

is

to

be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL 62706

IT

IS

SO ORDERED.

82—305

---

I,

Dorothy

M.

Gunn,

Clerk

of

~.he

Illinois

Pollution

Control

Board,

hereby

certif

that

the

above

Order

was

adopted

on

the

~

day

of

I

/

1987

by

a

vote

of

~—°

Dorothy

N.

Gunn, Clerk

Illinois Pollution Control Board

82—306

---

ft~I

SEP—21~37

1LLI~a:S

Vi~C~T~L

PROTECTION

AG~

A~NSTP~TIVE

CITATION

poa~b~

IN

THE

MATTER

OF:

~ef?-Ff

LE

ROY

ROBINSON,

)

IEPA

DOCKET

NO.

8559—AC

Respondent.

)

JUR:

OTI

ON

This Administrative Citation is issued pursuant to

the authority

vested

in the

Illinois Environmental Protection Agency by Public Act

84—1320

(Ill.

Rev.

Stat.

1985,

SuDp.,

oh.

lil~,par,

1031.1).

FACTS

1.

That Respondent,

LeRoy Robinson,

is

the present operator

of

a

facility located in

the

County of Will, State of Illinois.

2.

That said facility

is onerated as

a

sanitary landfill, operating

without an

Illinois Environmental Protection Agency Operating Permit

and designated

with

Site Code

No.

1970450011.

Said facility

is commonly

known

to the Agency as

Lockport/Robinson.

3.

That Respondent has operated said facility at all times pertinent

hereto.

4.

That on July

1,

1987,

Darren T.

Brumfield,

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.

82—307

---

V

:

OLATI ONS

On tne basis

of direct observation

of Darren

T.

Brumfield, the

Illinois

Environmental

P’-otection Agency has determined that Resoondent

was conducting

a

landfill operation

at the above—described facility,

which

is

required to have

a

Dermit pursuant

to

ill.

Rev.

Stat.

1985,

ch. ill~,

par.

101(d),

in

a

manner

which resulted

in

the follov~ing

conditions:

A.

On July

1,

1987,

said landfill

had uncovered refuse remaining

from

a

previous oPerating day in violation of

Ill.

Rev,

stat.

1966

supp.,

ch. lll~,par.

lO2l(p)(5).

B.

On

or prior

to July

1,

1957,

said landfill

facility had accepted

waste without

a

permit,

in violation of

Ill.

Rev,

stat.

1986 Supp.,

ch.

lli~,

par.

lO2l(p)(7).

C.

On

or prior to July 1,

1987,

refuse was deposited in an unper-

mitted portion

of said landfill,

in

violation of

Ill.

Rev.

Stat.

1986

Supp.,

ch. lil~,par.

1O21(p)(9).

D.

On or prior

to July 1,

1987, and continuing

to this date,

no

required reports

have been submitted for said landfill,

in violation

of Ill.

Rev.

Stat.

1966 Supp.,

ch.

lll½,

par.

lO2l(p)(ll).

CIVIL PENALTY

Pursuant to Public Act 84-1320 (Ill.

Rev.

Stat.

1986 Supp.,

ch.

11l~,par. lO42(b)(4)),

Respondent herein

is

subject

to

a

civil penalty

of Five Hundred Dollars

($500.00)

for each violation specified above

in

Paragraphs A-D,

for

a total

of Two Thousand

($2,000.00) Dollars.

Additionally, should you elect

to petition the

Illinois Pollution Control

Board under

the

review process described hereinbelow,

and

if there

2

82—308

---

is

a finding

of th~vioiutcnc alleced

herein,

after an adjudicatory

hearing, you shall

he assessed tne associated

hearing costs

incurred

by

the Illinois

Environ:~en:ei

Protection Agency and the

Illinois Pollution

Control

Board,

in additien to the Five Hundred Dollar ($500.00) statutory

penalty for each findinc of violation.

if

you

acknowiecine

the violations cited nereinabove,

the civil

penalty specified above

shall

be due

and payable

no

later than October

6,

1937.

If you

do no:

petition

the

Illinois Pollution

Control

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 renderer aaainst 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 proner 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 rene~ial 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

3

82—309

---

to collect said Civil

penalty.

in addition to

the

previously assessed

civil

penalty,

and hearin: 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.

PR7CE9UPE FOR

CONTESTING THIS

A~T~ISTRATiVE

CITATION

You

have the

right

to

ccntest this Administrative Citation.

See

Public Act 84-1320

(Ill.

Rev.

Stat.

1960 Supp.,

ch. lll~,par.

lO3l.l).

If you

elect

to contest

this Administrative Citation, you must file

a

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 Aoency.

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.

~nePetit~ontor

RevlefI may be

Tiled

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.

Richard J.

Carlson, Director

Illinois Environmental

Protection Agency

Date:

August

28, 1987

~1

82—3

10