ILLINOIS POLLUTION CONTROL BOARD

February

5, 1987

IN THE MATTER OF:

CITY OF KEWANEE

)

AC 86—19

(IEPA Docket No.

8197—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

the Board upon a(n) December 24,

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 Kewanee on

December

23,

1986.

The Agency alleges that the City of Kewanee

has violated Sections 21(p) (5),

21(p) (12),

21(p) (2), and 21(p) (3)

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 Kewanee 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 Kewanee has

violated each and every provision alleged

in the Administrative

Citation.

Since there

are

four

(4)

such violations, the total

penalty to be imposed

is set at $2,000.00.

It

is hereby ordered that,

unless

the penalty has already

been paid, within

30 days of the date of this Order

the City of

Kewanee 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 $2,000.00 which

is to

be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL 62706

IT

IS SO ORDERED.

75-280

---

—2—

I, Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that t~eabove Order was adopted on

the

______________

day of

~

,

1987 by a vote

of

~.

-C

.

/C~~’

,&~

~-tzL,

~I..

Dorothy

N.

thinn,

Clerk

Illinois Pollution Control Board

75-281

---

DEC 24

,9ss

iLLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

U~i

SIt’IE

OF ~LLIi~LS

ADMINISTRATIVE CITATION

POLLUT~C’~

CONTROL

BOARD

IN

THE

MATTER OF:

)

CITY

OF

KEWANEE,

a municipal corporation

)

IEPA

DOCKET

NO.

8197—AC

in the State of Illinois

)

~

fC~

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. 1ll~,par. 1031.1).

FACTS

1.

That Respondent, City of Kewanee,

a municipal corporation,

is the present operator of

a

facility located

in the County of Henry,

State of

Illinois.

2.

That said facility is operated as

a sanitary landfill, opera-

ting under Illinois Environmental

Protection Agency Operating Permit

No.

1974—56-OP,

and designated with Site Code No.

0730650001.

Said

facility

is commonly known to the Agency as Kewanee/Kewanee municipal.

3.

That Respondent has operated said facility at all

times pertinent

hereto.

4.

That on October 29, 1986,

James

J.

Jones, 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.

75.282

---

VIOLATIONS

On

the basis

of direct observation of James

J.

Jones,

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 29, 1986 operated said landfill facility with

uncovered refuse

remaining from

a

previous operating day,

in violation

of 111.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. 1021(p)(5).

8.

On October

29,

having failed

to

collect

day,

in violation of

Ill

C.

On October

29,

manner which resulted

in

in violation of

Ill.

Rev.

D.

On October 29,

manner which

resulted in

in violation

of

Ill.

Rev

1986 operated said landfill facility while

and contain letter from a previous operating

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. 1021(p)(l2).

1986 operated said landfill facility

in

a

leachate flow entering Waters of the State,

Stat.

1986 Supp..,

ch.

111½, par.

102l(p)(2).

1986 operated said landfill.facility in

a

1.eachate flows exiting the landfill confines,

Stat.

1986 Supp.,

ch.

111½, par.

lO2l(p)(3).

CIVIL PENALTY

Pursuant to Public Act 84—1320

(111.

Rev. Stat.

1986 Supp.,

ch.

111½, par.

lO42(b)(4), Respondent herein

is subject to

a civil

penalty

of Five Hundred Dollars

($500.00) for each violation specified above

in Paragraphs ~ through 0, for

a total

of Two Thousand

($2,000.00)

—2—

75-283

---

Dollars.

Additionally, should you elect to petition the Illinois Pollution

Control &oard under the

review process described hereinbelow, md

if

there

is

a finding of the violations alleged herein, after an adjudica-

tory 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 February 3,

1967.

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, ~nyjudgment 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 initiate

proceedings

in Circuit Court

to collect said civil

penalty.

In addition

-3-

75.284

---

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.

~

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 Churchifl Road,

P.O.

Box

19276,

Springfield,

Illinois

62794—9276, Attention:

Enforcement

Services.

~

~

‘flichard

J.

Carlson, Director

~2?~—

Illinois Environmental Protection Agency

Date:

December 22,

1986

—4-