Ii1LLNOIS POLLUTION CONTROL BOARD
April
16,
1987
IN THE MATTER OF:
)
LEO PRASUM
)
AC
87—15
x~espondent.
)
(I~PADocket No.
6262—AC)
ORDER OF THE BOARD:
This matter comes before
the board upon
a March
2,
1987
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
ttie
Administrative Citation was made upon Leo Prasum on February
26,
167.
The
Agency alleges that Leo Prasum has violated Sections
21(p)(7),
2l(p)(4),
and 2l(p)(9) of the Act.
The statutory
penalty established
for
eacn of these violations
is $500.00
pursuant
to Section 42(b)(4)
of the Act.
Leo Prasurn 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.l(d)(2)
of
the Act.
Therefore, pursuant to
Section 3l.l(d)(l),
the Board
finds
that Leo Prasum has violated
each and every provision alleged
in
the Administrative
Citation.
Since
there
are three
(3)
such violations, the total
penalty
to be
imposed
is set
at $1,500.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 aays of
the
aate ot
this Order
Leo Prasum
shall,
by certified check or money orderpayable
to the State of
Illinois and designated
for deposit into the Environmental
Protection Trust Fund,
pay a penalty in the amount of $1,500.00
whicn is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
77-197
—2—
I, Dorothy M.
Ounn,
Clerk of the Illinois
Pollution Control
Board, hereby certify that the above Order was adopted on the
/~7—
day
of
p~’L~-(
,
1987
by
a
vote
of__________
Ill
Pollut
Control
Boara
77-198
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ADMINISTRATIVE CITATION
IN
THE
MATTER
OF
)
~
LEO
PRASUM
)
IEPA
DOCKET
NO.
8262—AC
)
Respondent.
)
JIJRISDICTION
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.,
oh.
lll~,
par.
1031.1).
FACTS
1.
That Respondent, Leo Prasum,
is the present operator of a
facility located in the County of Christian,
State of Illinois.
2.
That said facility
is operated as
a sanitary landfill, opera-
ting without an Illinois Environmental Protection Agency Operating Permit,
and designated with Site Code No.
0210000000.
Said facility
is commonly
known to the Agency as Taylorville/Prasutn.
3.
That Respondent has operated said facility at all times perti-
nent hereto.
4.
That on January
6,
1987,
Steven Townsend, 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.
77~199
VIOLATIONS
On the basis of direct observation of Steven Townsend, the Illinois
Environmental
Protection Agency has determined that Respondent was
conducting an unpermitted sanitary landfill operation at the above-
described facility,
which is otherwise 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.
Inspection of said unpermitted landfill facility on
January 6, 1987 revealed that said facility have pre-
viously accepted wastes without necessary permits, in
violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021 (p)(7).
B.
Inspection of said unpermitted landfill
facility on
January 6, 1987 revealed that open burning of refuse
had previously occurred thereon, in violation of
Ill.
Rev.
Stat.
1986 Supp., ch.
111½, par. 1021(p)(4).
C.
Inspection of said unpermitted
landfill facility on
January 6, 1987 revealed that the deposition of refuse
in an unpermitted portion of said facility had previously
occurred thereon,
in violation of Ill.
Rev.
Stat.
1986
Supp.,
oh.
111½, par.
lO2l(p)(9).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill.
Rev.
Stat.
1986 Supp.~,oh.
111½, par.
1042(b)(4), Respondent herein is subject to a civil
penalty
2
77-200
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraphs A through C, for
a total
of Fifteen Hundred ($1,500.00)
Dollars.
Additionally, should you elect to petition the Illinois Pollutioi
Control
Board under the review process described hereinbelow,
and
if
there
is a finding of the violations alleged herein, after
an adjudi-
catory 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, the civil
penalty specified above shall
be due and payable no later than April
9,
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
3
77-201
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 Attoriley
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
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.
;~
j—
ec~?
Richard J.
Carlsari, Director
Illinois Environmental Protection Agency
Date:
February 25,
1987
4
77-202