ILLINOIS POLLUTION CONTROL BOARD
    March 5, 1987
    IN THE MATTER OF:
    )
    JOHN JENNINGS and
    )
    AC 87-3
    HERBERT JENNINGS
    )
    (IEPA Docket No. 8218—AC)
    Respondents.
    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 John and Herbert Jennings
    on January 16, 1987. The Agency alleges that John and Herbert
    Jennings has violated Sections 2l(p)(5), 2l(p)(l2), and 21(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.
    John and Herbert Jennings 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 31.l(d)(l), the Board finds that John and
    Herbert Jennings 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 John and
    Herbert Jennings 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.
    76-153

    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certifjr that the above Order was adopted on the
    J~
    day of
    ,
    1987 by a vote of ~
    )77.
    Dorothy M. c~nn, Clerk
    Illinois Pollution Control Board
    76-154

    U7E~r~
    —1~
    ~
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    IJ\~L~.~MN
    2OI987_j~J~
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    )
    )
    JOHN JENNINGS and
    )
    HERBERT JENNINGS.
    )
    IEPA DOCKET NO.8218-AC
    Je- I7~
    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. 111½, par. 1031.1).
    FACTS
    1. That Respondents, John Jennings and Herbert Jennings, are
    the present operators of a facility located in the County of Brown,
    State of Illinois.
    2. That said facility is opera~ed•as a sanitary landfill, opera—
    ting under Illinois Environmental Protection Agency Operating Permit
    No. 1971-16-OP. and designated with Site Code No. 0098030001. Said
    facility is commonly known to the Agency as Timewell/Jennings L.F..
    3. That Respondent has operated said facility at all times pertinent
    hereto.
    4. That on November 20, 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.
    76-155

    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. 111½,
    par. lO2l(p)(l2).
    C. On November 20, 1986. operated said landfill facility while
    having deposited refuse in an unpermitted portion of said
    landfill, in violation of Ill. Rev. Stat. 1986 Supp., ch.
    111½, par. 102l(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 through C, for a total of Fifteen Hundred ($1,500.00)
    Dollars. Additionally, should you elect to petition the Illinois Pollu-
    tion Control Board under the review process described hereinbelow,
    2
    76-156

    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.
    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 Agenc.~, 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
    3
    76-157

    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 at the State
    of Illinois Center, 100 West Randolph, Suite 11—500, Chicago, Illinois
    60601; and, a copy of said Petition for Review ffled with the Illinois
    Environmental Protection Agency at 2200 Churchill Road, P.O. Box 19276,
    Springfield, Illinois 62794-9276, Attention: Enforcement Services.
    Richard
    ~
    J. Carls ‘n,
    ~
    Director
    Illinois Environ tal Protection Agency
    Date: January 15, 1987
    4
    76-158

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