ILLINOIS POLLUTION CONTRuL BOA~D
April 16, 1987
IN THE MATTER OF:
EVERETT ALLEN, d/b/a
)
AC 87—5
ALLEI~hASTE I~iANAGEMENT
)
(IEPA Docket No.
8222—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the board upon a February
26, 1987
filing of
an amended 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
amended
Administrative
Citation
is
attached
hereto.
The
Agency alleges that Everett Allen has violated Section 2l(p)(5)
of the Act.
The statutory penalty established
for
tais violation
is $500.00 pursuant to Section 42(b)(4)
of the Act.
Therefore, pursuant
to Section 3l.l(d)(l),
the
Board finds
that Everett Allen has violated the provision alleged
in the
amended Adniinistrative Citation.
Since
tnere
is one
(i)
such
violation,
the total penalty
to be imposed
is set at
$500.00.
It
is hereby ordered
that,
unless
the
penalty has already
beeci paid, within
30 days of
the date of
this Order Everett Allen
shall,
by certified check or money order payable to
the State of
Illinois and designated
for deposit into the Environmental
Protection Trust Funci,
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,
Illinois
62706
IT
IS
SO
OiiD±~RED.
I, iorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order
was adopted on the
~
day
of
,VL~&~
,
1987
by
a vote of______________
/-‘L~4
~7-i.
Dorotxiy
M.~unn,
Clerk
Illinois Pollution Control Board
77-189
—~—
I,
Dorothy
M.
Gunn,
Clerk
of
tue
Illinois
Pollution
Control
Board,
hereby certify that the above Resolution and Order was
adopted
on
trie
_______________
day
of
_____________,
1967 by a vote
of
Dorothy M. Gunn, Clerk
Illinois Pollution Control
Board
77-190
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
~
FEB 26 7~•~
AMENDED ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
)
AC-87—5
EVERETT ALLEN,
d/b/a
)
Allen Waste Management,
)
IEPA DOCKET
NO. 8222-AC
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant
to the authority
vested i~the
Illinois Environmental Protection Agency
by Public Act
~84—l32O(Ill.
Rev.
Stat.
1986,
Supp..,
ch.
111
1/2, par. 1031.1).
FACTS
1.
That Respondent, Everett Allen,
is the present operator of a
facility located
in the County of Perry,
State of Illinois.
2.
That said facility is or was operated as
a sanitary landfill,
operating under Illinois Environmental
Protection Agency Operating
Permit No. l982—25—OP, and designated with Side Code No. 1458330001.
Said facility
is commonly known to the Agency as DuQuoin/Perry County
Landfill.
3.
That Respondent has been responsible for operating and/or
maintaining said facility at all
times pertinent hereto.
4.
That on December 23, 1986,
Gerald Steele 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.
77-191
VIOLATIONS
On the basis of direct observation of Gerald Steele, the Illinois
Environmental Protection Agency has determined that Respondent was
responsible for a sanitary landfill operation at the above-described
facility, which
is
required to have a permit pursuant to
Ill. Rev.
Stat.
1985,
ch.
111
1/2, par. 1021(d),
in a manner which resulted in the
following conditions:
A.
On December 23, 1986, said landfill
facility appeared to
be
inactive, but had not been
TMclosed” pursuant to the
Illinois Environmental Protection Act and had:
(I).
Uncovered refuse remaining from a previous
operating day, in violation of Ill.
Rev. Stat.
1986,
Supp.,
ch.
111
1/2, par. 1021(p)(5).
CIVIL PENALTY
Pursuant
to Public Act 84-1320 (Ill.
Rev. Stat.
1986,
Supp., ch.
lii
1/2, par. 1042(b)(4),
Respondent herein
is subject to
a civil
penalty
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraph A(I),
for
a total
of Five Hundred ($500.00) Dollars.
Addi-
tionally, 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.
—2—
77-192
If you acknowledge the violations cited hereinabove, the civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
March
6,
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.
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 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 Agency and the
Illinois Pollution
Control
Board,
if any,
the Attorney General’s Office
will
seek
to
recover their
costs
of litigation.
—3—
77-193
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.
111
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
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.
0.
Box 19276, Springfield,
Illinois 62794—9276,
Attention:
Enforcement Services.
Date:
February 24,
1987
Enforcement Programs
77-194
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
REMITTANCE FORM
IN THE MATTER
OF:
)
)
EVERETT ALLEN,
)
d/b/a Allen Waste Management,
)
IEPA DOCKET NO. 8222-AC
Respondent.
FACILiTY:
DuQuoin/Perry County Landfill
SITE CODE NO:
1458330001
COUNTY:
Perry
CIVIL PENALTY:
$500.00
DATE
OF
INSPECTION:
December
23,
1986
DATE
REMITTED:
__________________________
SIGNATURE:
_________________________________
NOTE
Please enter the date of your remittance and
sign
this
Remittance
Form.
Be sure your check
is enclosed and mail, along with Remittance Form,
to Illinois Environmental Protection Agency, Attention:
Fiscal
Services,
2200
Churchill
Road,
P.
0. Box 19276, Springfield,
Illinois
62794-9276.
77-195
STATE
OF
ILLINOIS
)
)
COUNTY
OF
SANG/iNON
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
Amended
Administrative
Citation
upon
the person to
whom it is directed, by placing a copy in an envelope addressed to:
Everett
Allen
d/b/a Allen Waste Management
R.
R.
2,
Box
320
Carterville,
Illinois 62918
and mailing it from Springfield,
Illinois, on
February 24
19
87
,
with sufficient postage affixed, certified mail,
return receipt
requested.
‘~b~J
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
24th
day of
February
,
19
87.
g~L~_fr~
,4~_cJ~_,_
Notary Public
IL
532-0772
ADM
145
Ray.
6/82
77-196
oie-oo: