ILLINOIS POLLUTION CONTROL BOARD
September
17, 1987
IN THE MATTER OF:
ANTON RUPE
)
AC 87—80
(IEPA Docket
No,.
8525—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon
an August
7,
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 Anton Rupe on August
6,
1987.
The Agency alleges
that Anton Rupe has violated Sections
2l(p)(l),
2l(p)(9) and 2l(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.
Anton Rupe 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 Anton Rupe has violated
each and every provision alleged
in the Administrative
Citation.
Since
there are three
(3)
such violations,
the total
penalty to be imposed
is set
at $1,500.00.
It
is hereby ordered
that,
unless the penalty has already
been paid,
within
30 days
of the date
of this Order Anton Rupe
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 $1,500.00
which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
81—327
—2—
I,
Dorothy M.
Gut-in, Clerk
of the Illinois Pollution Control
Board,
hereby certif,y that the above Order was adopted on the
:~
day of
,
1987
by
a vote of___________
//
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
81—328
iLL:~o:s
E
VIRONMENTAL
PROTECTION
~cr~T’:
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tP~~~lJ~
IN
THE
~TTER
OF:
)
~
ANTON
RUPE,
)
IEPA DOCKET NO. 8525-AC
Res~oar~:.
)
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. 11l~,par.
1031.1).
1.
That Respondent, Anton Rupe,
is
the present owner and/or
operator of
a
facility located
in the County of Marshall, State
of
111inois.
2.
That said facility is operated as
a sanitary l~r~ifi11~
operating
without
an
Illinois
Environmental
Protection
Agency
Ooeratina
P~rniit
and
designated
with
Site
Code
No.
1238050008.
Said
facility
is
commonly
known
to
the
Agency
as
Wenona/Rupe.
3.
That
Respondent
has
owned
and/or
operated
said
facility
at
all
times
pertinent
hereto.
4.
That
on
June
16,
1987,
John
Tripses,
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—329
V
1’~aLtk
•
On the basis
of direct observation of John Tripses,
the Illinois
Environmental Protection Agency has determined that Respondent was
conducting
an
unpermitted
landfill
operation
at
the
above-described
facility,
which
is
required
to
have
a
permit
pursuant
to
Ill.
Rev.
Stat.
1985,
ch.
1ll~, par.
1021(d),
in
a
manner
which
resulted
in the
followino conditions:
A.
On June 16,
1987,
operated said landfill facility with refuse
in standing
or flowing water,
in violation of
Ill.
Rev.
Stat.
1986
Supp.,
ch. lll~,par.
102l(p)(l).
B.
On
June
16,
1987,
operated said landfill
facility with refuse
deposited
in
an unpermitted portion
of the landfill,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(9).
C.
On or prior
to June
16,
1987, said landfill
facility had
accepted wastes without necessary permits,
in
violation of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
lO2i(p)(7).
CIVIL PENALTY
Pursuant to Public
A.... 84-1320 (111.
Rev.
Stat.
19C6 Supp.,
ch.
111½,
par.
1042(b)(4)),
Respondent
herein
is subject
to
a civil
penalty
of Five Hundred Dollars
($500.00) for each violation specified above
in
Paragraphs A through
C, for
a
total of Fifteen Hundred
($1,500.00)
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
2
81—330
hearing,
you
shal~
he
assessed
the
associated
hearing
costs
incurred
by
the
Illinois Environment~1Protection AQency and
the Illinois Pollution
Control
Board,
in addition
to the Five Hundred Dollar
($500.00) statutory
penalty for each finding
of violation.
?f you acknowledoe the violations
cited hereinabove,
the
civil
penalty specified
above
sha~1 he due and
payable
no
later than SeptemDer
14,
1937.
If you do
not petition
the
Illinois Pollution Control
Board
for review of tnis 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 paymen~..
If
any civil
penalty,
be
reason of acknowledcment, 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
3
81—331
to
collect
said
civil
nenalty.
In
adaition
to
the
previously
assessed
civil
penalty,
and
hearing
costs
of the
Illinois
Environmental
Protection
Acency and
the
i1linois ?:‘jtion
Control
Board,
if any;
the Attorney
Generals Office will seek
to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
AD~INISTR~TIVE
CITATION
You have the
right
to
contest this Administrative Citation.
See
Public Act 34-1320 (Ill.
Rev.
Stat.
1966
Supp.,
ch.
111½,
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 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
ll-500, Chicago,
Illinois
60501; 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.
.~/I
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~
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(
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~Richard~J.
Carlson, UTrector
Illinois Environmental
Protection Agency
Date:
August
5,
1987
4
81—332