ILLINOIS POLLuTION
CONTROL
BOARD
April
16, 1987
IN THE MATTER OF:
)
EARL R. BRADD
)
AC 87—19
(IEPA Docket No. 8278—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon a March
9, 1967
filing of
an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(i~ct) by the Illinois
Environmental Protection Agency
(Agency).
A copy of
that
Administrative Citation
is attacned hereto.
bervice
of the
Administrative Citation was made upon Earl R.
Bradd on March
7,
1987.
~iheAgency alleges that Earl
R.
Bradd has violated
Sections 21(p)(5)
and 21(p)(ll)
of the Act.
The statutory
penalty established
for each of these violations
is $50u.00
pursuant
to Section 42(b)(4)
of the Act.
Earl
R. dradd 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 31.1(d)(2)
of the Act.
Therefore, pursuant
to
Section 3l.1(d)(l),
the Board
finds that Earl R.
Bradd has
violated each and every provision alleged
in the Aãministrative
Citation.
Since
there are two
(2)
such violations,
the total
penalty to
be imposed
is set at
$1,O~U.OU.
It
is hereby ordered that,
unless the penalty has already
been paid, within
3U days of the oate
of this Oruer
Earl
R. bradd
shall,
by certified check
or money order payable
to the State of
Illinois and desiynated
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 Environi~ienta1Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
77-203
—2—
I,
Dorothy
M. Gunn,
Clerk of
the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
/(,,~
day of
(
,
1987 by a vote of
~
/~CU~j7~7)1.
L~
Dorothy
N.
dunn,
Clerk
Illinois Pollution Control Board
77-204
t~t4R
—919B7
~
T~J1
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
____
__________
ADMINISTRATIVE CITATION
IN THE t1ATTER
OF:
)
~
EARL
R.
BRADD
)
IEPA DOCKET NO. 8278-AC
)
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,
Earl
R.
Bradd,
is the present operator of
a facility located
in the County of McLean, State of Illinois.
2.
That said facility is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1974-82-OP, and designated with Site Code No. 1130950001.
Said facility
is commonly known
to
the Agency as Saybrook/Bradd.
3.
That Respondent has operated said facility at all
times pertinent
hereto.
4.
That on January 16,
1987, Richard Johnson, 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.
77-205
VIOLATIONS
On
the basis of direct observation
of Richard Johnson, the Illinois
Environmental Protection A~encyhas 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 January 16,
1987 operated said sanitary landfill facility
with uncovered refuse remaining from
a previous operating
day,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. lO2l(p)(5).
B.
On January
16,
1987 operated said sanitary landfill facility
while
having failed to submit
reports required by permits,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
1021 (p)(ll).
CIVIL PENALTY
Pursuant
to Public Act 84-1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. 1O42(b)(4), Respondent herein issubject 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 ($1,000.00) 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
2
77-206
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, the civil
penalty specified above shall
be due and payable no later than April
18,
1987.
If you do not petition the Illinois Pollution Control Board
for review of this Administrative Citation within thirty-five (35)
days of service hereof or if you elect to contest this Administrative
Citation,
any judgment rendered against you shall
specify the due date
of the statutory civil
penalty and any costs assessed against you.
When payment is made, 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 any civil
penalty, by reason of acknowledgment, default or
finding after adjudicatory hearing,
is not paid when due; the Illinois
Environmental
Protection Agency shall
take into consideration such
failure
to pay during any permit review process upon your application
for
a new permit or for renewal of an existing permit.
Furthermore,
if payment
is not received when due, 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
3
77-207
Agency and the
Illinois Pollution Control
Board,
if any;
the Attorney
General’s Office will seek to recover their costs of litigation.
PR0C~DUREFOR 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
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
J.
Carlson, Director
Illinois Environmental
Protection Agency
Date:
March
6, 1987
77-208