ILLINOIS POLLUTION CONTROL BOARD

October 29, 1987

IN THE MATTER OF:

ED HILLER

)

AC 87—98

(IEPA Docket No. 8572—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 Ed Hiller on September 10,

1987. The Agency alleges that Ed Hiller has violated Sections

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

penalty established for each of these violations is $500.00

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

Ed Hiller 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.1(d)(2) of the Act. Therefore, pursuant to Section

31.l(d)(l), the Board finds that Ed Hiller 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 Ed Hiller

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.

8 2—559

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif~that the above Order was adopted on the

~7~1day of

,

1987 by a vote of

~2’°

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Dorothy M/ Gunn, Clerk

Illinois Pollution Control Board

82—560

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ILL O~ E

ro~

E

~L PD0TFCTIO~AGENC

AD~iNiST~TVECITATION

IN THE

MATTER OF:

ED HILLER

)

IEPA DOCKET NO. 8572-AC

Respondent.

J URIS D CT ION

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. 1ll~,par. 1031.1).

FACTS

1. That Respondent, Ed Hiller, is the present operator of a

facility located in the County of Randolph, State of Illinois.

2. That said facility is operated as a sanitary landfill with

Illinois Environmental Protection Agency Operating Permit No. 1973—22—UP,

and designated with Site Code No. 1570400003. Said facility is commonly

known to the Agency as Prairie du Rocher/Hiller.

3. That Respondent has been responsible for and operated said

facility at all times pertinent hereto.

4. That on July 30, 1987, Randy Oallard, of the Illinois Environment

Protection Agency, inspected the above—described landfill facility.

A copy of the inspection report setting forth the results of such inspectic

is attached hereto and made a part hereof.

82—5 61

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V

I CLAT:

o~s

On the basis of direct obcervation of Randy Ballard, 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

condi tions:

A. Inspection of said sanitary landfill facility on July 30,

1987 revealed the following violations:

1. uncovered refuse remaining from a previous operating day,

in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par.

1021 (p)(5).

2. Failure to provide final cover within time limits established

by Pollution Control Board Regulations, in violation of ill. Rev.

Stat. 1986 Supp., ch. 111½, par. lO2l(p)(6).

3. Failure to submit reports required by permits or Board Regula-

tions, in violation of Ill. Rev. Stat. 1986 Supp., ch. ll1~,par.

1021(p) (11).

CIVIL PENALTY

Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.

lll~, par. l042(b)(4)), Respondent herein is subject to a civil penalty

of Five Hundred Dollars ($500.00) for each violation specified above

in Paragraphs A(l) through A(3), for a total of Fifteen Hundred ($1 ,500.O0)

Dollars. Additionally, should you elect to petition the Illinois Pollution

Control Board under the review process described hereinbelow, and if

2

82—562

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there is a finding of the vioi~tionsalleged herein, after an adjudicatory

hearing, you shall be assessed th~associated hearing costs incurred

by the Illinois Environmental Protection Agency and the Illinois Pollution

Control Board, in addition to th~Five Hundred Dollar ($500.00) statutory

penalty for each finding of violation.

If you acknowledae the violations cited hereinabove, the civil

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

22, 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 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

n

82—563

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to collect said

civil p~o~lcy. In addi tion

to the previously assessed

civil

penalty,

and hearina costs of the Illinois Environmental Protection

Agency and

the Illinois Polintion Control Board,

if any;

the Attorney

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

PPCCEDJPE FOP. CC~TESTINGTHIS

i:::JSTRAT:VE

cITAT:oN

You have the

rlgnt to contest

tn~sAdmin~strative uitation. See

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, Chicaco, 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.

/

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Richard 3. Carlson, ~

Illinois Environmental Protection Agency

Date: September 9, 1937

4