ILLINOIS POLLUTION CONTROL BOARD
    March
    5,
    1987
    IN THE MATTER OF:
    JAMES G. ESAREY
    )
    AC 87—2
    )
    (IEPA Docket No.
    8217—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a(n) January 20,
    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 James G.
    Esarey on January
    16, 1987.
    The Agency alleges that James G. Esarey has violated
    Sections 21(p)(5)
    and 21(p)(l2)
    of the Act.
    The statutory
    penalty established for each of these violations
    is $500.00
    pursuant to Section 42(b)(4)
    of
    the Act.
    James G. Esarey 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 3l.l(d)(l),
    the Board
    finds that James G.
    Esarey 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 James G.
    Esarey 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.
    76-147

    —2—
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi
    that the above Order was adopted on the
    jiZ
    day of
    ,
    1987 by a vote of
    ~
    ~.
    Dorothy M. G~nn,Clerk
    Illinois Pollution Control
    Board
    76-148

    IL~IN0ISENVIRONMENTAL PROTECTION AGENCY
    ~
    2 0
    198T
    ADMINISTRATIVE CITATION
    ________________________
    IN THE MATTER OF:
    )
    )
    JAMES
    G.
    ESAREY
    )
    IEPA DOCKET NO. 8217—AC
    Respondent.
    )
    4~
    JURISDICTION
    This Administrative Citation is issued
    pursuant to the authority
    vested
    in the Illinois Environmental Protection Agency by Public Act
    84-1320 (Iii.
    Rev. Stat.
    1986,
    Supp.,
    ch.
    111½,
    par.
    1031.1).
    FACTS
    1.
    That Respondent, James
    G.
    Esarey,
    is the present operator
    of a facility located
    in the County of Greene, State of Illinois.
    2.
    That said facility
    is operated as a sanitary landfill, opera-
    ting under Illinois Environmental Protection Agency Operating Permit
    No. 1970—90-OP, and designated with SiteCode No. 0618070001.
    Said
    facility is commonly known
    to the Agency as Roadhouse/Esarey L.F..
    3.
    That Respondent has operated said facility at all times pertinent
    hereto.
    4.
    That on November20,
    1986,
    Ricky G.
    Lanham, 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.
    76-149

    VIOLATIONS
    On the basis of direct observation of Ricky G.
    Lanham, the Illinois
    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.
    111½,
    par. 1021(d),
    in
    a manner which resulted
    in the following
    conditions:
    A.
    On November 20,
    1986, operated said landfill facility with
    uncovered refuse remaining from a previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch. 111½,
    par.
    1021 (p)(5).
    B.
    On November 20,
    1986, operated said landfill
    facility while
    having failed
    to collect litter from a previous operating
    day,
    in violation of Ill.
    Rev. Stat.
    1986 Supp.,
    ch.
    lll½~,
    par. lO2l(p)(l2).
    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 B, 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
    2
    76.150

    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 acknowledge the violations cited hereinabove, the civil
    penalty specified above shall
    be due and payable no later than Febru-
    ary 27, 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.
    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
    payrner.t.
    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
    3
    76.151

    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 CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    ~
    Public Act 84—1320 (Ill.
    Rev. Stat.
    1986 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
    Lit
    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.
    z~-~
    ~.
    ~
    Ric ard J. Carl~o~,
    Director
    /~/
    Illinois Environmental Protection Agency
    Date:
    January 15,
    1987
    4
    76.152

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