ILLINOIS POLLUTION CONTROL BOARD
    March 19,
    1987
    IN THE MATTER OF:
    )
    BERGBOWER LANDFILL
    )
    AC 87-9
    (IEPA Docket No. 8235—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter
    comes before
    the Board upon a(n) February
    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 the
    Administrative Citation was made upon Bergbower Landfill on (no
    date on receipt card).
    The Agency alleges that Bergbower
    Landfill has violated Sections 2l(p)(5), 2l(p)(3), 2l(p)(l)
    and
    2l(p)(1l)
    of
    the Act.
    The statutory penalty established for each
    of these violations
    is $500.00 pursuant to Section 42(b)(4)
    of
    the Act.
    Bergbower Landfill 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)(1),
    the Board
    finds that Bergbower Landfill has
    violated each and every provision alleged
    in the Administrative
    Citation.
    Since
    there are four
    (4)
    such violations,
    the total
    penalty to
    be imposed
    is set at $2,000.00.
    It
    is hereby ordered that,
    unless
    the penalty has already
    been paid,
    within 30 days •of the date of this Order Bergbower
    Landfill 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 $2,000.00 which
    is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT IS SO ORDERED.
    76-488

    —2—
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi y that the above Order was adopted
    orj
    the
    /9-~
    day of
    ,
    1987 by
    a vote of
    (~.
    0
    Dorothy M.
    Gurin, Clerk
    Illinois Pollution Control Board
    76-489

    FEB
    2
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    L
    ~IATE0FILLIW0IS
    POLLUTION
    CONTROL
    BOARD~_...
    ADMINISTRATIVE CITATION
    IN THE MATTER
    OF:
    )
    ~
    (7_v
    BERGBOWER LANDFILL,
    INC.
    )
    IEPA DOCKET NO.
    8235—AC
    an Illinois corporation
    )
    )
    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, Bergbower Landfill,
    Inc.,
    is the present
    operator of a facility located
    in the County of Jasper, State of
    Illinois.
    2.
    That said facility
    is operated
    as
    a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    1976—19-OP, and designated with Site Code No. 0798090002.
    Said facility
    is commonly known
    to the Agency as Bergbower/Richardson
    L.F..
    3.
    That Respondent
    has operated said facility at all
    times pertinent
    hereto.
    4.
    That on December
    9, 1986,
    William
    E.
    Zierath, 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.
    76-490

    VIOLATIONS
    On the
    basis of direct observation of William
    E.
    Zierath, 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), in a manner which resulted
    in the
    following conditions:
    A.
    On December
    9, 1986,
    operated said landfill facility with
    uncovered refuse remaining from a previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1986 Supp., ch.
    111½,
    par.
    1021 (p)(5).
    B.
    On December 9,
    1986,
    operated said landfill facility
    in
    a
    manner which resulted
    in leachate flows exiting the land-
    fill confines,
    in violation of Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.~1ll½,par. lO2l(p)(3).
    C.
    On December
    9, 1986,
    operated said landfill facility with
    refuse
    in standing or flowing water,
    in violation of Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½, par.
    1021(p)(l).
    D.
    On December
    9,
    1986,
    operated said landfill facility while
    having failed to submit required financial assurance docu-
    ments required by Board Regulations
    at
    35
    Ill.
    Adm. Code,
    Section 807.601,
    in violation of
    Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½,
    par.
    1021 (p)(l1
    ).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320
    (Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111~,par.
    1042(b)(4), Respondent
    herein
    is subject
    to
    a civil
    penalty
    2
    76.491

    of Five Hundred Dollars ($500.00) for each violation specified above
    in Paragraphs
    A through D,
    for a total
    of Two Thousand ($2,000.00)
    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
    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
    12, 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, 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
    3
    76-492

    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.
    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.
    Richard
    J.
    Carlson, Director ~
    Illinois Environmental Protection Agency
    Date:
    January
    28,
    1987
    4

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