ILLINOIS POLLUTION CONTROL BOARD
    February 5, 1987
    IN THE MATTER OF:
    )
    THE CITY OF PERU
    )
    AC 87—1
    (IEPA Docket No.~ 8205—AC)
    Respondent..
    ORDER OF THE BOARD:
    This matter comes before the Board upon a(n) January 15,
    1987 filing of an administrative citation pursuant to Section
    3L1 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 Peru on January
    6, 1987.. The Agency alleges that the City of Peru has violated
    Sections 21(p)(5) and 21(p) (12) 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 Peru 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 3L1(d)(2) of the Act. Therefore, pursuant to
    Section 31..l(d)(l), the Board finds that the City of Peru 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
    Peru 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:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    IT IS SO ORDERED..
    75-286

    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that ~e above Order was adopted on
    the
    ______________
    day ~
    ,
    1987 by a vote
    of
    _________..
    /~
    Dorothy M. G?nn, Clerk
    Illinois Pollution Control Board
    75-287

    IJJ’~\L’~
    1
    4
    5 1987
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    STATE OF
    ILuN;..~
    POLLUTiQ~
    CONTROL
    BOL~
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    )
    )
    THE CITY OF PERU,
    )
    a municipal corporation,
    )
    IEPA DOCKET NO. 8205-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 (111. Rev.. Stat.. 1986, Supp., ch. 111½, par. 1031.1).
    FACTS
    I. That Respondent, The City of Peru, a municipal corporation,
    is the present operator of a f~cilftylocated in the County of L.aSalle,
    State of Illinois.
    2. That said facility is operated as a sanitary landfill, opera-
    ting under Illinois Environmental Protection Agency Operating Permit
    No. 1973-60-OP, and designated with Site Code No. 0990850002. Said
    facility is commonly known to the Agency as Peru/Municipal L.F. No. 2.
    3. That Respondent has operated said facility at all times pertinent
    hereto.
    4. That on December 10, 1986, Tom Tenninger 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.
    75-288

    VIOLATIONS
    On the basis of direct observation of Tom Henninger, 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 December 10, 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 December 10, 1986 operated said landfill facility while
    having failed to collect and contain letter from a previous operating
    day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(l.2).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 198(5 Supp., ch.
    111½, 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 and B, for a total of One Thousand ($1000.00) Dollars.
    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.
    —2—
    75-289

    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 19, 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 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
    —3—
    75.290

    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..
    Richard
    ..
    Ca~rl~’on,Director
    I1linoi~Env1~/vnental Protecti Ag cy
    Date: January 5, 1987
    -4-
    75-291

    ILLINOIS ENIRONMENTAL PROTECTION AGENCY
    AFFIDAVIT
    IN THE
    MATTER
    OF:
    The City of Peru, a
    municipal corporation in the
    State of Illinois,
    IEPA DOCKET NO.
    Respondent.
    L))i
    ~
    ©~qE~,
    ~NI5I987
    ~lMtUt~
    1LUNUI~
    ___________
    POLLUTION CONTROL
    BOARI
    Affiant, Tom Henninger, being first duly sworn, voluntarily deposes
    and states as follows:
    1. Affiant is a field inspector employed by the Land Pollution Control
    Division of the Illinois Environmental Protection Agency and has been so
    employed at all times pertinent hereto.
    2. On December 10, 1986, between 7:20 a.m.. and 9:15 a.m., Affiant
    conducted an inspection of the sanitary landfill in LaSalle County, Illinois,
    known as Peru/l~unicipal #2, Illinois Environmental Protection Agency Site
    No. 0990850002, operating under IEPA Permi~No. 1973—60—OP.
    3. Affiar~tinspected said Peru/Municipal #2 site by an on—site
    inspection which included walking the site and interviewing personnel.
    4. Before and after said inspection of said landfill site, Affiant
    reviewed Illinois Environmental Protection Agency permits issued to the
    subject site and investigated into whether or not required documents were
    timely filed on behalf of the subject site.
    5. As a result of the activities referred to in Paragraphs 3 and 4
    above, Affiant completed the Inspection Report form attached hereto and
    made a part hereof, which, to the best of Affiant’s knowledge and belief,
    75.292

    Is an accurate representation of Affiant’s observations and factual
    conclusions with respect to
    said Peru/Municipal #2.
    Subscribed and Sworn To before me
    this /6t~day of ~
    --z~
    1986.
    c-.Th
    c___
    -1
    ~
    C
    -A~~~A-~
    ttOtary Public
    75.293

    ILLINOIS ENVIRONMENTAL PROTECTION AGENC~
    REMI TTANCE FORM
    ~©~B\~1~
    ~
    1 5 I98~
    Pfl(I
    ~1ATt
    ~mc*J
    u~
    co~1RD~
    BOARt
    IN THE MATTER OF:
    THE CITY OF PERU,
    a municipal corporation,
    in the State of Illinois,
    FACILITY: Peru/Muni. No. 2
    SITE CODE NO: 0990850002
    COUNTY: LaSalle
    CIVIL PENALTY: $1 ,000.O0
    DATE OF INSPECTION: December 10, 1986
    DATE REMITTED:
    SIGNATURE:
    NOTE
    Please enter the date of your remittance and sign this Remittance Form.
    Be sure your check is enclosed and mail, along with Remittance Form,
    to Illinois Environmental Protection Agency, Attention: Fiscal Services,
    2200 Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276.
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    IEPA DOCKET NO. 8205-AC
    75-294

    Back to top