ILLINOIS POLLUTION CONTROL BOARD

October 29, 1987

IN THE MATTER OF:

NOBEL RISLEY          

)

AC 87—97

(IEPA Docket No. 8571—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a September 11, 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 Nobel Risley on September

11, 1987. The Agency alleges that Nobel Risley has violated

Sections 2l(p)(5) and 2l(p)(9) of the Act. The statutory penalty

established for each of these violations is $500.00 pursuant to

Section 42(b)(4) of the Act.

Nobel Risley 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 31.l(d)(2) of the Act. Therefore, pursuant to

Section 31.1(d)(l), the Board finds that Nobel Risley has

violated each and 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 Nobel Risley

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—553

—2—

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  

Dorothy M. ~3unn,

p2).

Clerk

Illinois Pollution Control Board

82—554

ILL INOI S EN’! 

IRON~ENTALPROTECTION AGI

ADMINISTRATIVE CITATION

NOBELIN

THE

RISLEYMATTER

OF:

))

IEPA

DOCKET

~ç~7~

NO.

8571-AC

Respondent.

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. 111~,par. 1031.1).

FACTS

1.  That Respondent, Nobel Risley, is the present operator of

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

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

under Illinois Environmental Protection Agency Operating Permit 

No.

1980—21-OP, and designated with Site Code 

No.

0558020005. Said facility

is commonly known to the Agency as Benton/Risley No. 2.

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

hereto.

4.  That on July 30, 1987, Gerald Steele, of the Illinois Environment

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—555

v:oLi~TIONS

On the basis of direct 

observation

of Gerald Steele, the lllinois

Environmental Protection Agency has determined that Respondent was

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

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

ch. lli~,par. 1021(d), in a manner which resulted in the following

conditions:

A.  On July 30, 1987 operated said landfill facility with uncovered

refuse remaining from a previous ooerating day, in violation of Ill.

Rev. Stat. 1986 Supp., ch. 111½, par. lD2l(p)(5).

B.  On July 30, 1987 operated said landfill facility while having

deposited refuse in an unpermitted portion of said site, in violation

of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1021(p)(9).

CIVIL PENALTY

Pursuant to Public Act 

84-1320 (Ill. Rev.

Stat. 1986 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 and 8, for a total of 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 Board, in addition to the Five Hundred Dollar ($500.00) statutory

penalty for each finding of violation.

82—536

If you achuc:Jedoe the violations cited hereinabove, the civil

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

22, 1987. If 

you

do

not

Detition 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, Soringfield, 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 hearina, 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

Acency and the Illinois Pollution Control Board, if any; the Attorney

General’s Office will seek to recover their costs of litigation.

82—557

PROC:DURE FOR CONTESTING THIS

i~D~iNiS~TVECITAT~0N

You have the riabt to contest this Adriinj strative Citation.

See

Public Act

84-1220

(Ill. Rev. Stat. 

1936 Supp., ch. 111½,par.

1031.1).

If you elect to contest this Administrative Citation, you must file

a Peti tion for Revi ow 

with

the Cl 

er~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.

/ (/,-

t~v

)

Richard 

Carlson, Director 

~y_/~S-~-’

llinois Environmental Protection Agency

Date: September 9, 1937

82—558