ILLINOIS POLLUTION CONTROL BOARD

February

5, 1987

IN THE MATTER OF:

CITY OF JACKSONVILLE

)

AC 86—15

)

(IEPA Docket No. 8186—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a(n) December 15,

1986 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 the City of Jacksonville on

December

13,

1986.

The Agency alleges that the City of

Jacksonville has violated

Sections 2l(p)(4)

and

21(p)(5)

of the

Act.

The statutory penalty established for each of these

violations is $500.00 pursuant to Section 42(b)(4)

of the Act.

The City of Jacksonville 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) (1), the Board

finds that the City of

Jacksonville 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

the City of

Jacksonville 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:

Ill

inois

Environmental

Protection

Agency

Fiscal

Services

Division

2200

Churchill

Road

Springfield,

IL

62706

IT

IS

SO

ORDERED.

75-262

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—2--

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that

he above Order was

adopted on

the

_______________

day o

_____________,

1987 by a vote

of

___________.

~7.

Dorothy

M. Øunn,

Clerk

Illinois Pollution Control Board

75-263

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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

ADMINISTRATIVE CITATION

IN THE MATTER OF:

)

THE CITY OF JACKSONVILLE,

~

a municipal corporation,

)

IEPA DOCKET

NO. 8186-AC

in the State of

Illinois,

)

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.

111½,

par. 1031.1).

FACTS

1.

That Respondent, the City of Jacksonville,

is the present

operator of

a facility located

in the County of Morgan, State of Illinois.

2.

That said facility

is operated as

a sanitary landfill, opera-

ting under Illinois Environmental Protection Agency Operating Permit

No.

1976-26-OP, and designated with Site Code No.

1378020003.

Said

facility

is commonly known

to the Agency as Jacksonville/Muni No.

2.

3.

That Respondent has operated said facility at all times per-

tinent hereto.

4.

That on October

24,

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 result

of such inspections

is attached hereto and made

a part hereof.

75..264

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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 Dermit pursuant to

Ill.

Rev.

Stat.

1985,

ch.

111½,

par.

1021(d), in a manner which

resulted in the following

conditions:

A.

On October 24, 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.

lO2l(p)(5).

B.

On October

24,

1986 operated said landfill facility

in

a manner that permitted open burning of refuse,

in violation of

Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par.

lO2l(p)(4).

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

Paragraph A and

B, for

a total

of One Thousand Dollars ($1,000.00).

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

-2-

75-265

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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, or if you

do not petition the

Illinois Pollution Control Board for review of

this Administrative Citation within thirty-five

(35) days of service,

the civil

penalty specified hereinabove shall

be due and payable no

later than January 23,

1987.

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 you

elect

to contest this Administrative Citation, any judgment rendered

against you shall

specify the due date of the statutory civil

penalty

and costs assessed against you.

If any civil

penalty,

be reason of acknowledgment, default or

finding after adjudicatory hearing, is not paid when due; then the

Offices of the

Illinois Attorney General

shall

be

requested to ini-

tiate 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 Agency and the Illinois Pollu-

tion 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.

See

Public Act 84-1320

(Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. 1031.1).

—3—

75-266

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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 filed with

the Illinois

Environmental

Protection Agency at 2200 Churchill Road,

P.O. Box 19276,

Springfield,

Illinois

62794-9276, Attention:

Enforcement Services.

Date:

/

Illinois Environmental

Protection Agency

75-267