ILLINOIS POLLUTION CONTROL BOARD

March 19,

1987

IN THE MATTER OF:

ROBERT

L.

STEVENSON

)

AC 87-7

(IEPA Docket No. 8228—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

the Board upon a(n) January 27,

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 the

Administrative Citation was made upon Robert

L. Stevenson on

(unable

to read date received).

The Agency alleges that Robert

L. Stevenson has violated Sections 21(p)(5), 21(p)(7), 21(p)(4),

21(p)(9), 21(p)(5), 21(p)(7)

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.

Robert

L. Stevenson 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 31.l(d)(l),

the Board finds that Robert

L. Stevenson has

violated each and every provision alleged

in the Administrative

Citation.

Since

there are seven

(7)

such violations,

the total

penalty to be imposed

is set at $3,500.00.

It

is hereby ordered that,

unless

the penalty has already

been paid, within

30 days of the date of this Order Robert L.

Stevenson 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 $3,500.00 which

is

to be sent

to:

Illinojs Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL 62706

IT IS SO ORDERED.

76-475

---

—2—

I, Dorothy

M. Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

/9-~Z~

day of

,~?—)

~-t-~

,

1987 by a vote of

~

—

Dorothy M. Gunñ, Clerk

Illinois Pollution Control Board

76.476

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

3C~r~

ADMINISTRATIVE CITATION

IN THE MATTER OF:

)

~&

~97-7

ROBERT

L.

STEVENSON

)

IEPA DOCKET NO. 8228-AC

Respondent.

)

JURISDICTION

This Administrative Citation

is

issued pursuant to

the authority

vested

in the

Illinois Environmental Protection Agency by Public Act

84-1320 KIll.

Rev.

Stat.

1986,

Supp.,

ch.

111½,

par. 1031.1).

FACTS

1.

That Respondent, Robert

L.

Stevenson,

is the present operator

of a facility located in the County of St.

Clair,

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.

1630050008.

Said facility

is commonly known

to the Agency as Alorton/Stevenson.

3.

That Respondent has operated said facility at all

times pertinent

hereto.

4.

That on December

16, 1986 and December 18, 1986, Kenneth

Mensing and Randy Ballard, 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.

76-477

---

VIOLATIONS

On the basis of direct observation of Kenneth Mensing and Randy

Ballard,

the Illinois Environmental Protection Agency has 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), without any permits

and in a manner which resulted

in the following conditions:

A.

On December

16,

1986, operated and/or controlled said unper-

mitted landfill

facility with uncovered refuse remaining

from

a previous operating day,

in violation of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par.

102l(p)(5).

B.

On December

16, 1986 accepted wastes at said unpermitted

landfill without necessary permits,

in violation of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½, par. lO2l(p)(7).

C.

On December

16, 1986 allowed open burning of refuse at

said

unpermitted facility, in violation of

Ill.

Rev.

Stat.

1986

Supp.,

ch.

111½, par. 102l(p)(4).

D.

On December 16, 1986 operated and/or had control

of said

landfill facility with refuse deposited in

an unpermitted

portion of said facility, in

violation of

Ill.

Rev.

Stat.

1986 Supp..,

ch.

111½,

par. lO2l(p)(9).

E.

On December

18, 1986 operated and/or controlled said unper-

mitted 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).

2

76-478

---

F.

On December 18,

1986 operated and/or controlled said un-

permitted landfill facility while having previously allowed

the acceptance of waste without necessary permits, in violation

of

Ill. Rev.

Stat.

1986 Supp.,

ch.

111½, par. l021(p)(7).

S.

On December

18,

1986 operated and/or controlled said landfill

facility with refuse deposited in an unpermitted portion

of said facility, in violation of Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. lO2l(p)(9).

CIVIL PENALTY

Pursuant to Public Act 84-1320 (111.

Rev.

Stat.

1986 Supp.,

ch.

111½, par. l042(b)(4), Respondent herein

is subject to a civil

penalty

of Five Hundred Dollars ($500.00) for each violation specified above

in Paragraphs

A through

G, for

a total

of Thirty-five Hundred

($3,500.00)

Dollars.

Additionally, should you elect to petition the Illinois Pollu-

tion 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,

the civil

penalty specified above shall

be due and payable no later than March

7,

1987.

If you do not petition the Illinois Pollution Control Board

for review of this Adinii~istrativeCitation within thirty-five

(35)

3

76-479

---

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,

be 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

GeneraFs 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

4

76-480

---

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:

January 23,

1987

5