ILLINOIS POLLUTION CONTROL ECARD

October 15, 1987

IN THE MATTER OF:

CITY OF POLO           

)

AC 87—91

(IEPA Docket No. 8562—AC)

Respondent.

ORDER OF THE BOARD:

This marter comes before the Board upon a September 8, 1987

filthy 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 Polo on

September 4, 1987. The Agency alleges that the City of Polo has

violated Sections 2l(p)(5) and 2l(p)(6) of the Act. The

statutory penalty established for each of these violations is

$500.00 pursuant to Section 42(b)(4) of the Act.

The City of Polo 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 31.l(d)(l), the Board finds that the City of Polo has

violated each arid every provision alleged in the 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 the City of

Polo 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, IL 62706

IT IS SO ORDERED.

82—3 17

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I, Dorothy ti. 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____________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

82—318

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ILL:N0:S E:~V:RO~ENTAL

PROTECTION AG~UC~~r — L~j~

AD~iST~IATVECITATION

THE ~tATTEROF:

CITY OF POLO,                  

a municipal cor~oraticn        

) IEPA DOCKET NO. 8562-AC

in the State of Illinois,

Respondent.           

)

JUR:SD:CT ION

This Administrative Citation is issued pursuant to the authority

vested in the Illinois Environmental Protection Agency by Public Act

84-1320 (111. 

Rev.

Stat. 1986, Sup~.,ch. lll~,par. 1031.1).

FACTS

1.  That Respondent, City of Polo, is the present owner and operator

of a facility located in the County of Ogle, State of Illinois.

2.  That said facility is operated as a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1974-100, and designated with Site Code No. 1418040016. Said facility

is commonly known to the Agency as Ha:elhut’st/Polo t~unicipal ~2.

3.  That Respondent has openated said facility at all times pertinent

hereto.

4.  That on July 10, 1957, Jock E. Hoizer, of the Illinois Environrnen

Protection Agency, inspected the above-described landfill facility.

A copy of the inspection report setting forth the results of such inspectic

is attached hereto and made a part hereof.

82—319

V

OLAT ONS

On the bcsis of direct observation of Jack E. Holzer, the Illinois

Environmental Protection Acencv has determined that Respondent was

conducting a sanitary landfill operation at the above—described facility,

which is required to have a oermit pursuant to Ill. Rev. Stat. 1985,

ch. lll~,par. lO2l(d. in a manner which resulted in the following

conditions:

A.  On July 10, 1937, said landfill facility had uncovered refuse

remaining from a previous ooeratinc day, in violation of 111. Rev.

Stat. 1986 Suop., ch. lli~.par. lO2l(p)(5).

B.  On July lO. 1937, said landfill facility had failed to provide

final cover within time limits established by ill~noisPollution Control

Board regulations, in vioiat~on

ill. Rev. Stat. 1986 Supp., ch.

111½, par. lO2i(p)(6).

C:’.’IL PENALTY

Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.

l1l~, par. 1042(h)(4)), Res~ondentherein 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 oi One Thousand ($1,000.00) 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 Doard, in addition to the Five Hundred Dollar ($500.00) statutory

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82—320

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 October

13, 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 judament 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 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. 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

Generals Office will seek to recover their costs of litigation.

3

82—321

rRCCEDURE FOR CONTESTING THIS

~W~iNISTRATIVECITATION

You have the r’cn~ ~o con~esLLhis ~dninis~rative Citation. See

Public Act 84-132C (Ill. 

P~v. Stat. 1936 Su~p.,ch.

lll~, par. 1031.1).

If you elect to contest triis Adm~nistrative Ctation, you must file

a Petition for Pev~e•~with the Clerk of the Illinois Pollution Control

Board. A copy of

the P~:i:ion 

for Review should

be filed with the

Illinois onvi ronmental Pro:ect~on Agency. Sucr Pet~t~onior

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 ~oard. The Petition for Review may be filed

with the Clerk of the Illinois Pollution Control Board at the State

of Illinois Center, 1CC Nest Randolpn, Suite 11-500, Chicago, Illinois

60601; and, a copy of said Petition for Review filed with the Illinois

Environmental Protection Aaency at 2200 Churchill Road, P.O. Box 19276,

Springfield, Illinois 62794-9276, Attention: Enforcement Services.

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Richard J. Carlson, Director

Illinois Environmental Protectidn Agency

Date: Septeraoer 2, 1987

8 2—322