ILLINOIS POLLUTION COF~TROL BOARD

September 17, 1987

IN THE MATTER OF:

LOREN DOWTY           

)

AC 87-75

)

(Ih.PA Docket No. 8490—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a July 16, 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 Loren Dowty on August 6,

1987. The Agency alleges that Loren Dowty has violated Sections

2l(p)(5), 21(p)(6), 2l(p)(2) and 2l(p)(3) of the Act. The

statutory penalty established for each of these violations is

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

Loren Dowty 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)(l), the Board finds that Loren Dowty 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 Loren Dowty

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.

81—319

C

~C~TALPROTECTON 

AGENCY

:\~‘~~16(987

CTTAT1’;E C~TAT1ON

)

fY-7J~

LOCEN 

DC~•:TY

)

IEPA

DOCKET NO. 8490-AC

CT ION

This Ad~iiinistrativ~C~tation is issued pursuant to the authcri ty

vested in the Illinois Environmental Protection Acency by Public Act

84-1320 (111. Rev. Stat. 1936, Suap., ch. 111~, par. 1031.1).

FACTS

1.

That

Respondent, Loren 

Dowty, is the present opexator of

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

2.

That

said facility is operated as a sanitary landfill, operatino

under Illinois Environmental Protection Agency Operating Permit No.

1974-59-0?, and designated with Site Code No. 1018020001. Said facility

is commonly kno~:n to the Agency as Lawrencevi 11 e/Dowty.

3.  That Res~on~enthas operated said facility at all tines pertinent

hereto.

4. That on ?~ay21, 1987,

Thomas D. Edmondson, 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.

81—321

cmi cmv landfill

Cmro on  a manner which re—

sal  in  omcte flows exitinc

11 confines,

in viola—

tim of ~lT. Rev. Stat. 1986

Ear:.. on. 1i~,par. lO?(p)(3).

Pursuant 

Public •4,ct 84-1320 (111. Rev. Stat. 1986 Sum., oh.

111, par. 

lO42~b)(4)),

?es~orcent herein is subject to a civil penalty

of Five Hundred Dollars (5500.00) for each violation specified above

in Paranrapns A(1) throuan A(O), for a total of Two Thousand (52,000.00)

Dollars. Additionally, should

you elect to 

petition the Ill inois Pollution

Control Board urcer the review 

process described hereinbelow, and if

there is a rincing 

tne violations alleged nerein, after an ad~iuaicatory

hearinc, 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 F~ive Hundred Dollar ($500.00) statutory

penalty

for

each findina of violation.

If you acknowledge the violations cited hereinabove, the civil

penalty specified above shall be due and payable no later than August

25, 1987. 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.

8 1—323

chocb shoalo be modo payable to

the

I100IS En.

~a.ocoiL

Taust fund and nailed to the attention

of Fiocol So.iaoc. Hirai: Environmental Protection Acency, 2200

Churchill Rcac~, 

P.d.

12275,

Sarinafield, Illinois 62794—9276.

Also, please comolore mu ‘-atom

the enclosed Remittance Form, along

with your oavment, to assat’e

roper documentation of payment.

if any civil carol:;, ro reason of ackno;fledcment, default or

findinc af:~radjudicator’.’ hearinc, is not paid when due; the Illinois

Environmental Protection Acancy

shall take 

into consideration such

failure to ray during am’ permit review process 

upon your application

for a

new permit or 

for

renewal 

of ar

existing permit. Furthermore,

if payment is not received when due, the Offices of the Illinois Attorney

General shall be reaues:ed 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 CONTEST:NG THIS

~‘‘~,r

You have the right to contest this Administrative Citation. ~

Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., ch. lll~,par. 1031.1).

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 Acency. Such Petition for Review

must be filed within thirty-five (35) days of the date of service of

81—324

c 1~bcia :  ~.oi ‘:a 

C: to n.m a

judgment

shall be entered

by the Pal I    

Control

uard. The 

Petition for Review may be

filed

with the 

Clark f the

llicois Pollution Control Board at the State

of Illinois

Cantor, 

lCD

rest Rondol:h, Suite 11—500, Chicaco, Illinois

COSOl; anc, a cmv of said Petition for Review

filed with the Illinois

Envi ronm~ntOi Protacti on

Aaencv

at 2200 Churchill Road, P.O.

Box

19276,

Sprincfield, Illino~s 62794-9276, Att~ntian: Enforcement Services.

I

I’ / ~

L’~~0~

~

~tcnerd 

Cariso,ri, Director /

~/‘

Illinois Environmental Protection Agency

Date: July 13, 1987

8 1—325