ILLINOIS POLLUTION CONTROL BOARD
March 19, 1987
IN THE MATTER OF:
CITY OF METROPOLIS
)
AC 87—10
(IEPA Docket No. 8236—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 the City of Metropolis on
(unable to read date received). The Agency alleges that the City
of Metropolis has violated Sections 21(p)(5), 21(p) (12), 21(p)(3)
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.
The City of Metropolis 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 31.1(d) (1), the Board finds that the City of
Metropolis 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 the City of
Metropolis 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.
76-494
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif that the above Order was adopted on the
/9~
day of
,
1987 by a vote of ~
Dorothy M. dunn, Clerk
Illinois Pollution Control Board
76-495
FEB
2 198T
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ~
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
CITY OF METROPOLIS
~~2e-
(7—/C
a municipal corporation
IEPA DOCKET NO. 8236-AC
of the State of Illinois,
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, City of Metropolis, is the present operator
of a facility located in the County of Massac, State of Illinois.
2. That said facility is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1973-11-OP, and designated with Site Code No. 1278540004. Said facility
is commonly known to the Agency as Metropolis/Muni.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That on December 23, 1986, Thomas Edmondson, 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.
76-496
VIOLATIONS
On the basis of direct observation of Thomas Edmondson, the Illinois
Environmental Protection Agency has determtned that Respondent was
conducting a sanitary landfill operation at tt~eabove—described facility,
which is required to have a permit pursuant to 111. Rev. Stat. 1985,
ch. 111½, par. 1021(d), in a manner whict~resulted in the following
conditions:
A. On December 23, 1986 operated satd landfill with uncovered
refuse remaining from a previous oeprating day, in violation
of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. l021(p)(5).
B.
On December 23, 1986 operated said landfill while having
failed
to collect and contain litter from the site by the
end of a previous operating day,
ii, violation of Ill. Rev.
Stat. 1986 Supp., ch. 111½, par
102l(p)(l2).
C. On December 23, 1986 operated said landfill facility in a
manner which resulted in leathate flows exiting the landfill
confines, in violation of Ill..
Rev_
Stat. 1986 Supp., ch.
111½, par. lO2l(p)(3).
0. On December 23, 1986 operated said landfill facility with
refuse
deposited in an unpermitted portion of the landfill,
in violation of Ill. Rev. Stat 1986 Supp., ch. 111½, par.
1021(p) (9)
CIVIL PENALTY
Pursuant to Public Act 84-1320 (111.. Rev. Stat. 1986 Supp., ch.
111½, par. 1042(b)(4), Respondent herein is subject to a civil penalty
2
76497
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 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 March
13, 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
-ye Ann
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. Carison, Director
Illinois Environmental Protect~ion Agency
Date: January 29, 1987
76-499