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