ILLINCIS POLLUTION CONTROL BOARD
January 22,
1987
IN THE MATTER OF:
DAMON
SIMMONS
and D
& D
)
AC 86-13
DISPOSAL SERVICE,
INC.
)
(IEPA Docket No. 8154—AC)
Respondents.
ORDER OF THE BOARD:
This matter comes before
the Board upon a(n) December
8,
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 Damon Simmons and D
& D
Disposal Service,
Inc.
on December
4 and 5,
1986 respectively.
The Agency alleges that Damon Simmons and D
& D Disposal Service,
Inc. has violated Sections 21(p)(5), 2l(p)(7), 21(p)(4)
and
2l(p)(9)
of the Act.
The statutory penalty established
for each
of these violations
is $500.00 pursuant to Section 42(b)(4)
of
the Act.
Damon Simmons and
D
&
D Disposal
Service, Inc. 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,
pursuant to Section 3l.l(d)(1),
the Board
finds
that Damon
Simmons and
D
& D Disposal Service, Inc.
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 ~ena1ty has already
been paid, within
30 days of the date of this Order Damon Simmons
and D
&
ID Disposal Service,
Inc.
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 SC CRDERED.
75.99
—2—
I,
Dorothy N.
Gunn,
Clerk of the
Illinois Pollution Control
Board,
hereby certify that,~theabove Order was adopted on
the
22
~
day of
____________,
1987 by a vote
of
_______________
~
~.
Dorothy M.
~unn,
Clerk
Illinois Pollution Control Board
75-100
Th~ii~LJ~.9
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DEC—8I98~
ADMINISTRATIVE CITATION
SIATE0flWNQIS
_~_Pou.uT1oN
CONTROkB.
IN THE MATTER OF:
)
DAMON SIMMONS, individually,)
—
and
D.
&
ID.
DISPOSAL
)
SERVICE,
INC., an Illinois
JEPA DOCKET NO. 8154-AC
)
Respondents.
)
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.
111
1/2, par. 1031.1).
FACTS
1.
That the
individual
Respondent,
Damon Simmons, operates
a refuse
hauling business through the corporate Respondent,
D.
&
0.
Disposal
Service,
Inc.
2.
That Respondent Damon Simmons
has been receiving refuse and
hauling such refuse
in Respondent
D.
& 0.
Disposal Service,
Inc.,
trucks,
and on various occasions
has
been dumping such refuse on a parcel
of land
which
is not permitted by the Illinois Environmental
Protection Agency
as
a sanitary landfill.
3.
That on
information and belief, the Illinois Environmental
Protection Agency believes that said parcel of land
is owned by the
father of Respondent,
Damon Simmons.
4.
That said parcel of land
is located
in Fayette County
in the
State of Illinois, and has been designated
IEPA
Site Code No. 05l8060001.
75.101
5.
That on October 17,
1986,
Patrick McCarthy of the Illinois
Environmental Protection Agency inspected said parcel
of land.
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 Patrick McCarthy, the Illinois
Environmental Protection Agency has determined that Respondents herein
were conducting a sanitary landfill operation at the above-described facility
without any
permits from the
Illinois Environmental
Protection Agency,
notwithstanding the fact that said facility
is required to have a permit
pursuant to Ill.
Rev. Stat.
1985,
ch.
111
1/2, par. 1021(d).
Said facility
was operated in a manner which
resulted in the following conditions:
A.
On October 17, 1986,
operated said landfill
facility while un-
covered refuse remained from a previous operating day in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2.
par.
lO2l(p)(5).
B.
On October
17, 1986, accepted waste without necessary permits,
in
violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2, par.
1021(p)(7).
C.
On October
17,
1986, operated said landfill facility so as
to
allow open burning of refuse,
in
violation of
Ill
.
Rev.
Stat.
1986
Supp.,
ch.
ill
1/2, par. 1O21(p)(4).
D.
On October
17,
1986, allowed refuse
to be deposited on said facility
site without having any permits
to so accept and dispose of refuse,
in
violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2, par. 1021(p)(9).
CIVIL PENALTY
Pursuant
to Public Act 84-1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2,
par. l042(b)(4), Respondents herein are subject
to
a
civil
penalty
-2-
75-102
of Five Hundred Dollars
($500.00)
for each violation specified above in
Paragraphs
A through
D, for a total of Two Thousand Dollars
($2,000.00).
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
12,
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.
0.
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 assesed 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 addition
-3-
75-103
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.
ill
1/2,
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 withir
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.
Richard
J.
Carlson D~rector
Illinois Environmental Protection Agency
Date:
December
3,
1986
75-104