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

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