ILLINOIS POLLUTION CONTROL BOARD
January
22, 1987
IN THE MATTER OF:
WATTS DISPOSAL SYSTEMS,
INC.,
)
AC
86-10
d/b/a SANGAMON VALLEY
)
(IEPA Docket No.
8153—AC)
LANDFILL, and JOSEPH BULL
Respondents.
ORDER OF THE BOARD:
This matter comes before
the Board upon a(n) December
4,
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 Watts Disposal
Systems,
Inc.
and Joseph Bull on December
3,
1986.
The Agency alleges
that Watts Disposal Systems,
Inc.
and Joseph Bull has violated
Section 2l(p)(5)
of the Act.
The statutory penalty established
for
this violation is $500.00 pursuant
to Section 42(b)(4)
of the
Act.
Watts Disposal Systems,
Inc. and Joseph Bull 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 3l.l(d)(2)
of the
Act.
Therefore~~ursuant to Section 31.1(d)(l),
the Board
finds
~
Inc.
and Joseph Bull has violated
ti’e
provision
alleged
in the Administrative Citation.
Since
there
is one
(1)
such violation,
the
total penalty to be
imposed
is set at $500.00.
It
is hereby ordered
that, unless the ~ena1ty has already
been paid,
within
30 days of the date of this Order Watts
Disposal Systems,
Inc. and Joseph Bull
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 $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.
75-81
—2—
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that4.he above Order was adopted on
the
2~
“—‘i
day of
~
,
1987
by a vote
of
~-
•
.
‘4
~
~/7. /~,
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
75-82
K\
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ILLINOIS ENVIRONMENTAL PROTECTION AGEN
~3\
________________
STATE OF~iiINOIS
ADMINISTRATIVE CITATION
—
~L~UT1ON
CONTROL
BOARD
IN THE MATTER OF:
)
WATTS DISPOSAL SYSTEMS, INC.
ç
a foreign corporation
)
~C.
u~
‘V
licensed to do business in
)
IEPA DOCKET NO. 8153—AC
Illinois, and d/bla
Sangamon
)
Valley Landfill, and JOSEPH
)
BULL,
individually, as
)
operator of Sanganion Valley
)
Landfill,
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,
Watts Disposal Systems, Inc.,
is the per-
mitted operator of
a facility located
in the County of Sangamon, State
of Illinois; and Respondent, Joseph Bull,
is responsible for daily
operations of said facility.
2.
That said facility
is operated
as
a sanitary landfill, op-
erating under
Illinois Environmental Protection Agency Operating Permit
No.
1980-23-OP, and designated with Site Code No.
1678220037.
Said
facility is commonly known
to the Agency
as Sangamon Valley Landfill.
3.
That Respondents have operated said facility at all times
pertinent hereto.
75.83
4.
That,
on October 15, 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 results
of such inspection
is attached hereto and made
a part hereof.
VIOLATIONS
On the basis of direct observation of Ricky G.
Lanham, the Illinois
Environmental Protection Agency has determined that Respondents have
conducted
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
condition:
A.
On October 15, 1986,
operated said landfill facility while
uncovered refuse remained from
a previous operating day in violation
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. lO2l(p)(5).
CIVIL PENALTY
Pursuant to Public Act 84-1320
(Ill.
Rev. Stat.
1986 Supp.,
ch.
111½,
par.
1042(b)(4). Respondents herein are subject
to
a civil pen-
alty of Five Hundred Dollars
($500.00) for the violation specified
above
in Paragraphs A.
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 violation alleged herein,
after an adjudicatory hearing, you shall
be assessed the associated
hearing costs incurred by the
Illinois Environmental Protection Agency
2
75.84
and the Illinois Pollution Control
Board,
in addition to the Five Hun-
dred Dollar
($500.00) statutory penalty.
If you acknowledge the violation 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 7,
7987.
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 compelte 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, by 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 addi-
tion
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.
75.85
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.,
cli.
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 Street,
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.
~zr
~
Richard J. Carison, Director
‘7
Illinois Environmental Protection Agency
Date:
December 2, 1986
4
75.86