ILLINOIS POLLUTION CONTROL BOARD
October 15, 1987
IN THE MATTER OF:
ROBERT L. STEVENSON
)
AC 87—90
(IEPA Docket No. 8561—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the 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. Service of the
Administrative Citation was made upon Robert Stevenson on
September 1, 1987. The Agency alleges that Robert Stevenson has
violated Sections 2l(p)(5), 2l(p)(7), 2l(p)(l), 2l(p)(9) and
2l(p)(lO) of the Act. The statutory penalty established for each
of these violations is $500.00 pursuant to Section 42(b)(4) of
the Act.
Robert Stevenson 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 3l.l(d)(1), the Board finds that Robert Stevenson has
violated each and every provision alleged in the Administrative
Citation. Since there are five (5) such violations, the total
penalty to be imposed is set at $2,500.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order Robert
Stevenson 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 $2,500.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
IT IS SO ORDERED.
82—3 11
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
82—312
:::‘.‘I ~0~ENTAL PROTECTION
,~
1IST~TIVE CrTATION
POLiii~c”r.’Y
~
IN ThE t~t~TTEROF:
)
ROBERT L. STEVENSON
)
IEPA DDCKET ND. 8561-AC
Respondent.
JUR~SDiCTON
This Adniristrative Citation is issued pursuant to the authority
vested in the Illinois Environmental Protection Agency by Public Act
84-1320 (Ill.
Rev.
Stat.
1986,
SuDD., ch.
l1l~,
par. 1031.1).
FACTS
1. That Respondent, Robert L. Stevenson, is the present operator
of a facility located in the County of St. Clair, State of Illinois.
2. That said facility is operated as a sanitary landfill, operating
without an Illinois Environmental Protection agency Permit and designated
with Site Code No. 1630050008. Said facility is commonly known to
the Agency as Alorton/Stevenson.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That on July 15, 1987, Kenneth Mensing, of the Illinois Environrne!
Protection Agency, inspected the above-described landfill facility.
A copy of the inspection report setting forth the results of such inspectio~
is
attached hereto and made a part hereof.
82—3 13
VIOLATIONS
On the basis of direct observation of Kenneth Mensing, the Illinois
Environmental Protection Agency has determined that Respondent was
conducting an unpermitted landfill operation at the above-described
facility, which is otherwise required to have a permit pursuant to
Ill. Rev. Stat. 1935, ch. 111½, par. 1021(d), in a manner which resulted
in the following conditions:
A. Inspection of said unpermitted landfill facility on July
15, 1987 disclosed the followinc violations:
1. Uncovered refuse remaining from a previous operation
day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par.
1021 (p)(5).
2. The acceptance of wastes without necessary permits, in
violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(7).
3. Refuse in standing or flowing water, in violation of
Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(l).
4. Deposition of refuse in an unpermitted portion of the
facility, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½,
par. lO2l(p)(9).
5. Acceptance of special waste without a required manifest,
in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(lO)
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp.
,
ch.
111½, par. l042(b)(4)), Respondent herein is subject to a civil penalty
of Five Hundred Dollars ($500.00) for each violation specified above
2
82—314
in Paragraphs A(l) through A(S), ior a total of Twenty-Five Hundred
(32,500.00) Dollars. Additicnally, 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 acknowledce the violations cited hereinabove, the civil
penalty specified above shall be due and payable no later than October
14, 1937. If you do not 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 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
82—315
reviot~slyassessed civil penalty, and hearing costs of the Illinois
Environmental Protection A~encvand the Illinois Pollution Control
Board, if any; the Attorney Generals Office will seek to recover their
costs of litication.
PRCCENRE FOR CONTESTING THIS
ADNINST~TIVE CITATION
You have cre ricnt to contest this Administrative Citation. See
Public Act 84-1320 (ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO3i.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 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.
Ic
___
I)
~
~
) ~
Richard J. Carlson, Director
‘7”~’~
Illinois Environmental Protection Agency
Date: August 31, 1987
4
82—3 16