ILLINOIS POLLUTION CONTROL BOARD

February

5, 1987

IN THE MATTER OF:

)

GORDON

T. MONTGOMERY,

d/b/a

)

AC 86-17

MONTGOMERY TRUCKING

)

(IEPA Docket No.

8194—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

the Board upon a(n) December 22,

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 Gordon T. Montgomery on

December

20,

1986.

The Agency alleges that Gordon

T.

Montgomery

has violated Sections 21(p)(5), 21(p)(6), 21(p)(7), 2l(p)(9), and

2l(p)(lO)

of the Act.

The statutory penalty established for each

of these violations is $500.00 pursuant

to Section 42(b)(4)

of

the Act.

Gordon T. Montgomery 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 Gordon T. Montgomery

has violated each and every provision alleged

in the

Administrative Citation.

Since there are five

(5)

such

violations, the total penalty to be imposed

is set at

$2,500.00.

It

is hereby ordered that, unless the penalty has already

been paid, within 30 days

of the date of this Order Gordon T.

Montgomery 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 $2,500.00 which

is to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL 62706

IT

IS SO ORDERED.

75-268

---

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I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify tha

ye Order was adopted on

the

______________

day ~

,

1987 by

a vote

of

_________________

‘1~~~.

Dorothy M.

G4inn,

Clerk

Illinois Pollution Control Board

75-269

---

t221986

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

UTL~L_

STATE

Of

tLLINOIS

ADMINISTRATIVE CITATION

~CON~R~

IN THE MATTER OF:

)

)

GORDON T. MONTGOMERY,

)

IEPA DOCKET NO. 8194-AC

d/b/a Montgomery Trucking,

)

4

Respondent.

)

JURISDICTION

This Administrative Citation is

issued pursuant to the authority

vested in the Illinois Environmental Protection Agency by Public Act

84-1320 (111.

Rev.

Stat.

1986, Supp.,

ch.

111½,

par.

1031.1).

FACTS

1.

That Respondent,

Gordon

T. Montgomery, d/b/a Montgomery

Trucking,

is the present operator of a facility located

in the County

of Jo Daviess, State of

Illinois.

2.

That said facility is operated as

a sanitary landfill, opera-

ting under Illinois Environmental Protection Agency Operating Permit

No. 1974-8-OP, and designated with Site Code No. 0850200004.

Said

facility

is commonly known

to the Agency as Galena/Montgomery

Trucking.

3.

That Respondent has operated said facility at all times per-

tinent hereto.

4.

That on October

24, 1986, Jack Hoizer of the Illinois Environment~

Protection Agency, inspected the above-described landfill facility.

A copy of the inspection report

setting forth the results of such inspectior

is attached hereto and made

a part hereof.

75-270

---

VIOLATIONS

On the basis of direct observation of Jack Hoizer, 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 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. lD2l(p)(5).

B.

On October 24, 1986 operated said landfill facility while

having failed to provide final

cover within time limits established

by regulations of the Illinois Pollution Control

Board,

in violation

of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½, par. l02(p)(6).

C.

On October 24, 1986 operated said landfill facility while

having previously accepted wastes without necessary permits,

in viola-

tion of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. lO2l(p)(7).

D.

On October 24, 1986 operated said landfill facility while

having deposited refuse

in an unpermitted portion of the landfill,

in violation of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½, par.

102l(p)(9).

E.

On October 24, 1986 operated said landfill facility while

having accepted special waste without

a required manifest,

in viola-

tion of Ill. Rev.

Stat.

1986 Supp.,

ch.

111½, par. lO2l(p)(lO).

—2—

75.271

---

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 through E,

for a total of Two Thousand—Five Hundred

Dollars

($2,500.00).

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 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 27,

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.

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75-272

---

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 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 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.

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, 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:

December

17,

1986

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